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1936 Supreme(Mad) 308

CORNISH
The Co-operative Credit Society of Arungunam Village by its president Satagopachari – Appellant
Versus
Chinnaswami Udayan – Respondent


JUDGMENT

Cornish, J.

1. The appellant is the Co-operative Credit Society of Arungunam, It obtained an award under the provisions of the Co-operative societies Act against true respondent for a sum of money. The award was made on 30th January, 1928. The application to enforce the award was made by the Registrar of Co-operative Societies to the Court on 15th January, 1932. The only question in this appeal is whether the application is time barred. Admittedly it is if Article 181 of the Limitation Act governs it. But the argument is that the application not being one under the Civil Procedure Code, the Limitation Act has no application. The application to enforce the award was made in accordance with the procedure laid down by Rule 14(5) of the Statutory Rules which have been framed under the Co-operative Societies Act. The particular course taken by the Registrar in the present case was under Rule 14(5)(b) If which says:

On application to the Civil Court having jurisdiction over the subject-matter of the decision or award that Court shall enforce the decision or award as if it were a decree of the Court.

2. It is clear that the application is made to the Court to exercise its functions a

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