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1950 Supreme(All) 166

MALIK, WALI ULLAH, RAGHUBAR DAYAL, AGARWALA, P. L. BHARGAVA
RADHA KISHAN – Appellant
Versus
RAM NAGAR CO-OPERATIVE SOCIETY THROUGH ANAND BEHARI LAL, INSPECTOR – Respondent


Advocates Appeared:
GOPAL BEHARI, R.N.VERMA

MALIK, CJ.


( 1 ) THIS appeal was referred to a Full Beech by a Division Bench of this Court on 11th April 1945. When the case came up before a Full Bench of this Court on 17th April 1946, two issues were remitted to the lower Court for findings. They were as follows :

" (1) What were the terms of the requisition sent by the Registrar Co-operative Societies to the collector under Section 42 (4a), Co-operative Societies Act, and on what date was it received by the Collector ? and (2) What were the steps taken or processes enforced by the Collector upon the receipt of the said requisition up to the date of the institution of the suit?"

The learned District Judge of Agra has recorded the findings on the two issues and has sent up the papers to this Court.

( 2 ) THE facts of the case are that money was due to Ramnagar Co-operative Society from Phool chand, defendant 2. The Society went into liquidation and the Registrar of the Cooperative societies gent a requisition to the Collector on 30th March 1937, to realise a sum of Rs. 639/13 due from Phool Chand. In this requisition, it was mentioned that the property, from which the money could be recovered, was situate in village Ram Nagar, Te






































































































































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