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Krishnaji Shridhar Barde Vs. Mahadeo Sakharam Patil - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Extraordinary Application No. 80 of 1921
Judge
Reported in(1921)23BOMLR909
AppellantKrishnaji Shridhar Barde
RespondentMahadeo Sakharam Patil
Excerpt:
.....of decree.;an award was made at under the rules framed under section 43 of the co-operative societies act 1912, which made it enforceable in the same manner as a decree of the court. the party to the award next applied to the judge of the court of small causes at once to transfer the decree to the court of small causes at bombay, under section 39 of the civil procedure code 1908; but the judge declined to make the order:-;that inasmuch as the poona court could execute the decree as if it had passed it, it could also transfer the decree under section 39 of the civil procedure code 1908.;rule 34 of the co-operative societies rules, 1919, framed under section 43 of the co-operative societies act, is not very dearly worded. - - 3. we may add that rule 34 is not very clearly..........court.2. the learned judge dismissed the application on the ground that, under section 39 of the civil procedure code, it was only the court which had passed the decree that could give a certificate under that section. it seems to us that is a somewhat narrow construction of section 39, as the petitioner could apply to the poona court to execute the decree as if the poona court had passed it, and the next step would be that if the poona court could execute the decree as if it had passed that decree, then it could transfer that decree under section 89, civil procedure code. therefore, the rule will be made absolute. the order dismissing the application with costs must be set aside, and the petitioner's costs will be costs in the execution.3. we may add that rule 34 is not very clearly.....
Judgment:

Norman Macleod, Kt., C.J.

1. In this case an award was made by an arbitrator in a dispute between certain parties, the arbitrator being appointed by the Registrar of Co-operative Credit Societies as provided by the rules under the Co-operative Credit Societies Act II of 1912. As one of the opponents resided in Bombay, or had gone to Bombay, the petitioner applied to the Court of Small Causes at Poona for a certificate transferring the decree for execution at Bombay to the Court of Small Causes at Bombay. The rules passed under Section 43 of the Bombay Co-operative Societies Act provide under Rull 34 that the decisions and awards under Rule 31 shall, on application to any civil Court having local jurisdiction, be enforceable in the same manner as a decree of such Court.

2. The learned Judge dismissed the application on the ground that, under Section 39 of the Civil Procedure Code, it was only the Court which had passed the decree that could give a certificate under that section. It seems to us that is a somewhat narrow construction of Section 39, as the petitioner could apply to the Poona Court to execute the decree as if the Poona Court had passed it, and the next step would be that if the Poona Court could execute the decree as if it had passed that decree, then it could transfer that decree under Section 89, Civil Procedure Code. Therefore, the rule will be made absolute. The order dismissing the application with costs must be set aside, and the petitioner's costs will be costs in the execution.

3. We may add that Rule 34 is not very clearly worded. If it means that a party who has obtained an award can execute it in a number of different Courts, that would certainly be contrary to the scheme of the Civil Procedure Code which provides that the Court which passes the decree shall execute it, and, if required, shall send the decree for execution to another Court under the provisions of Section 39 with the result that the execution of the decree really proceeds under the Court which passes the decree, whereas if the decree is being executed in half a dozen Courts, it would be impossible for those Courts to know what had been done outside their own jurisdiction.


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