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1917 Supreme(All) 85

HENRY RICHARDS, P. C. BANERJI
Mathura Prasad – Appellant
Versus
Sheobalak – Respondent


JUDGMENT

1. This appeal arises under the following circumstances. There was a society registered under the Co-operative Societies Act, II of 1912. The society got into debt. Its registration was cancelled and a liquidator appointed. There were a number of persons who were members of the society and had received advances. The liquidator took mortgages from each of the debtors for the amount of their liability. He then proceeded to make an order, which purported to be made u/s 42 (6), determining that each of the debtors should be jointly and severally liable for the full amount of the several debts. This order was sought to be enforced, in the Civil Court having; local jurisdiction under the provisions of Section 42, (5) (a). The Court: ordered execution. On appeal to the District Judge the appeal was dismissed. A second appeal has now been preferred to this Court. It is strongly contended on behalf of the appellants that the order of the liquidator was bad. It is said that while the liquidator had a perfect right to determine the 'contributions" to be made by the members of the society, he could not make them jointly and severally liable for each other's debts more particularly wher

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