Law: Co-operative Societies Registration Act, 1912

Section: 43(2)(1)

Co-operative Societies Act (II of 1912)------ -----S. 43 (2) (1)­Society's claim for debt against deceased member-To be recovered by society by a civil suit and not under this section. A co-operative society which has a claim for debt against a deceased member, must proceed for its recovery in the Civil Courts. The words " members or past members of the Society or persons claiming through a member or past members cannot have any reference except to living persons. Narinjan v. Co-operative Society A I R 1933 Lah. 376; Bharmakka v. Mallappa A I R 1926 Bom. 352; Mahabir v. Basudeo A I R 1925 Pat. 575; Sheosaran Singh v. Gaya Amla Co-operative Society A I R 1939 Pat. 500 examined. JUDGMENT CORNELIUS, J.-This is an appeal under Clause 10 of the Letters Patent of this Court, from a judgment of a learned Single Judge in Chambers, dismissing an appeal brought by the appellant, Anjuman kafait Shuari Qarza Bahmi, Chak No. 198 G. B. Lyallpur (to be referred to hereafter as " the Anjuman)" against Captain Niaz Ahmad and four other sons of one Ali Gohar; once a member of the Anjuman, who died on the 12th of June, 1941, owing a debt to the society. Several years later, the Anjuman referred the debt to the Registrar as required by rule 18 of the rules made under section 43 of the Co-operative Societies Act, 1912. They apparently cited the sons of the deceased member as legal representatives. The. Registrar appointed one Mirza Nawab Din as arbitrator who, on the 14th of April 1945, made an award against the legal representatives [in favour of the Anjuman for payment of Rs. 604/14/6 and Rs. 9/6/- as costs out of the estate of Ali Gohar. The rule referred to above provides for an appeal from an arbitrator's award to the Registrar but it seems that no such appeal was attempted by the present respondents, who instead filed a civil suit for a declaration that the award was illegal, ultra vires and inopera­tive. The Anjuman resisted the suit. The principal grounds ad­vanced in support of the relief claimed were that the arbitrator had no jurisdiction to make an award against Ali Gohar's estate after the expiry of a year from the date of his death, reliance being placed on section 24…

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