9911796707
TMI Blog1930 (12) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrar of Co-operative Societies, Central Provinces and Berar, By this award, the respondents were ordered to pay to the Manegaon Society a sum of Rs. 21092 with interest, and in default, certain immovable property of the respondents, which had been mortgaged to the society, and which was described as Patti No. 2, half share of Mauza Bagada (or Bagra) Manegao in the Hoshangabad District, was ordered to be sold. By virtue of rules made by the Local Government under the Co-operative Societies Act, II of 1912, the award was enforceable in the same manner as the decree of a civil Court. The money not having been paid, execution proceedings were taken by the society as decree-holders and after the usual formalities the property was, on Septembe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n effect that no case of fraud had been made out, and that though certain irregularities had been established with regard to the sale, they had not resulted in substantial injury to the respondents. He, therefore, thought that the sale Gould not be set aside and he accordingly rejected the respondents application. Upon this finding, the Judge was bound by Rule 92 of the Order above quoted to confirm the sale, which thereupon would become absolute, subject, of course, to any variation on appeal. No such order, however, was in fact made. 8. The issues framed on the company's application raised questions as to the bona fides of the new mortgage, on which the Subordinate Judge held that it was collusive and fraudulent, and entered into with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the lower Court was bound to enter satisfaction under Order XXI, Rule 2. It erred in refusing to follow the ruling of our own High Court 18 N.L.R. 134. 11. The appeal came on in due course before the District Judge of Hoshangabad, who, unfortunately, as their Lordships think, dealt only with the contention raised by paragraph 15 of the memorandum of appeal, leaving the other questions at issue between the parties undecided. He was of opinion that the contention of the respondents so raised was 'obviously correct', and held that under the circumstances the lower Court was bound to set aside the sale, and he made an order to that effect. 12. The appellants being dissatisfied with this determination, applied in revision to the Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontemplates a stage in the execution proceedings when the matter lies only between the judgment-debtor and the decree-holder, and when no other interests have come into being. When once a sale has been effected, a third-party interest intervenes, and there is nothing in this rule to suggest that it is to be disregarded. The only means by which the judgment-debtor can get rid of a sale, which has been duly carried out, are those embodied in Rule 89, viz., by depositing in Court the amount for the recovery of which the property was sold, together with five per cent. on the purchase money, which goes to the purchaser as statutory compensation, and this remedy can only be pursued within thirty days of the sale --see Article 166, Schedule I of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
