Law: Co-operative Societies Registration Act, 1912

Section: 42

(a) Co-operative Societies Act (II of 1912)-------- ----S. 42-Liquid­ator has no power to mate order for contribution against heirs of deceased member. Under section 42 of the Act, a liquidator appointed under subsection (1), has the power inter alia to determine the contribution to be made by the members and past members of the society respectively, to the assets of the society. The omission of the words " deceased member" in this connection is significant. This is the only section which gives a liquidator power to make a contribution order. It follows therefore, that the power of the liquidator in this connection is confined­ to the two classes of members mentioned in the section and does not extend to the case of deceased members. A deceased member, consequently, would be one who is dead at the material time. If he dies before an order for contribution can be passed, he must be described as a deceased member at the time of the proposed order and the jurisdiction of the liquidator to pass such an order would vanish. There is no warrant in the language of the Act for confining the definition of " deceased member" to those persons who had died before the start of the liquidation proceedings. The assumption that once the liquidator is vested with jurisdic­tion, he cannot be divested by any subsequent contingency, appears to me to be fallacious. Co-operative Society, Patur v. Pasant Balkrishna A I R 1946 Nag. 317 ref. Sayed Mahbub Hussain Shah v. Anjuman lmdad Qarza A I R 1942 Lah. 129 ; Khiarajmal v. Daim I L R (1905) 32 Cal. 296 ; Pir Taj-ud-Din v. Khambatta A I R 1938 Lah. 515 ref. (b) Practice------ ---Decree against dead man-Nullity. A decree passed against a dead man would be a nullity. JUDGMENT RAHMAN, J.-One Ali Muhammad, a resident of Chak No. 130-R.B., District Lyallpur, was a member of the Anjuman Imdad Qarza Bahmi of that Chak. The Society was dissolved and a liquidator appointed some time in 1933. Ali Muhammad died in 1945. The liquidator, Ataullah, passed a contribution order against the estate of the deceased in hands of his four sons, Nasarullah, Abdullah, Faiz Muhammad and Nabi Ahmad, on 16th June 1945. Execution was taken out, of that order,…

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