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1940 Supreme(All) 94

BENNET
Arya Co-operative Bank Society – Appellant
Versus
Pandit Shiv Charan – Respondent


JUDGMENT

Bennet, J. - These are two second appeals brought by the Arya Co-operative Bank Society against decrees of the lower Appellate Court. The opposite party Pt. Shiv Charan was the plaintiff and the Society was the defendant. The first mentioned appeal is from a decree in O.S. No. 409 of 1936 and that suit dealt with an arbitration decree in case No. 39 of 1932. There was a member of the Society called Pran Sukh who owed the Society money and he died seven years before the suit. The Society claimed that the plaintiff represented Pran Sukh and plaintiff said he did not represent Pran Sukh. The Society then referred this matter to the Registrar under Rule 115, U.P. Co-operative Societies Rules of 1937. The Registrar referred the matter to an arbitrator Gauri Shankar and Gauri Shankar passed what purported to be a personal decree against the plaintiff in case No. 39 of 1932 of the arbitrator. The other original suit, No. 417 of 1936 which forms the subject of the second appeal No. 1984 of 1937, arose by a claim of the Society against Sukh Ram, the father of plaintiff. In the same way the Society referred this matter to the Registrar under Rule 115 and the Registrar referred the ma

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