Law: Cooperative Societies (Repayment of Loans) Ordinance, 1960

Section: S.2 (e)

  Co-operative Societies (Repayment of Loans) Ordinance (XXXIV of 1960), S.2 (e); Exploration-Loans 'insufficiently secur ed'-Determination rests with authorities specified in Explanation.   Co-operative Societies (Repayment of Loans) Ordinance (XXXIV of 1960), S 2 (c)-`Loan'-Existence of decree-Positive proof of `loan' due from judgment-debtor.   Co-operative Societies (Repayment of Loans) Ordinance (XXXIV of 1960), S. 3--Pendency of execution proceedings, no bar to proceedings under Ordinance.   Co-operative Societies (Repayment of Loans) Ordinance (XXXIV of 1960), S.3-Action under Ordinance initiated by Registrar-Whether ground for asking executing -Court to stay its hands: (Quaere).   Writ-High Court will not enter upon enquiry necessitating recording of evidence on allegation that a certain document was signed under coercion-Constitution of Pakistan (1956), Art. 170.   JUDGMENT   ANWARUL HAQ, J.-This order will dispose of Writ Petitions Nos. 123 and 449 of 1961, which raise a similar question of law, although on slightly different facts.   Writ Petition No. 123 of 1961 is by Ghulam Qadir against whom a preliminarydecree for the recovery of Rs. 28,905-8-0 was passed on the 8th October 1957, by the Senior Civil Judge, Lyallpur, in favour of the Lyallpur Central Co-operative Bank (Respondent No. 3 in the petition) on the basis of a mortgage deed executed by the petitioner on the 30th April 1953. The petitioner filed a Regular First Appeal (No. 5 of 1958) against this decree, which is still pending in this Court. It appears that the main point agitated in the first appeal is that the land being agricultural land could not be sold in execution of the mortgage decree by virtue of the prohibition contained in section 16 of the Punjab Alienation of Lands Act. A stay order was granted in favour of the petitioner restraining the sale of the land pending the disposal of the appeal.   In 1960, the Co-operative Societies (Repayment of Loans) Ordinance (XXXIV of1960) was promulgated and purporting to act under section 4(2) of the said Ordinance, the Registrar of Co-operative Societies (Respondent No. 1) has…