Skip to content


K. Munisami Chetti (Died) and ors. Vs. Chenchu Naidu and anr. - Court Judgment

LegalCrystal Citation
SubjectTrust and Societies
CourtChennai
Decided On
Reported in(1940)2MLJ216
AppellantK. Munisami Chetti (Died) and ors.
RespondentChenchu Naidu and anr.
Excerpt:
- wadsworth, j.1. the only question in this appeal is whether an award under rule 15 of the rules under section 51 of the co-operative societies act may, after it has been filed in the civil court for enforcement under rule 15(7)(c) be executed on the application of an assignee from the person in whose favour the award was made. no authorities have been cited. the rule itself says that the 'court shall enforce the award as if it was a decree of the court'. if it were a decree, an assignee could under order 21, rule 16 of the code of civil procedure apply for execution. i see no reason why this provision should not apply to a co-operative award which is enforceable as if it were a decree. the appeal is dismissed with costs.
Judgment:

Wadsworth, J.

1. The only question in this appeal is whether an award under Rule 15 of the rules under Section 51 of the Co-operative Societies Act may, after it has been filed in the Civil Court for enforcement under Rule 15(7)(c) be executed on the application of an assignee from the person in whose favour the award was made. No authorities have been cited. The rule itself says that the 'Court shall enforce the award as if it was a decree of the Court'. If it were a decree, an assignee could under Order 21, Rule 16 of the Code of Civil Procedure apply for execution. I see no reason why this provision should not apply to a co-operative award which is enforceable as if it were a decree. The appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //