TMI Blog1967 (7) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... may also lie under the Civil Procedure Code. Application dismissed. - Civil Revn. Appln. No. 263 of 1966 - - - Dated:- 19-7-1967 - D.V. Patel, J. For the Appellant : S.B. Bhasme, Adv. ORDER (1) This is a revisional application by the judgment-debtors against the order of the H. A. D. R. Court confirmed in appeal. The short facts are that in an application for settlement of debts under the Hyderabad Agricultural Debtors Relief Act, 1956, the debt court made an award under that Act on September 4, 1957, whereby the judgment-debtors were required to make certain payments to the judgment-creditor opponent herein. This award was sent by the Court for registration and it was registered on July 4 1961. The opponent, award hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the said Act, need be examined. Section 38 requires that every award shall be registered as provided in Chapter III. Section 49 of the Act requires the Court to send the award to the Sub-Registrar of the sub-district in which the property, the subject-matter of the award, is situated, together with a memorandum containing such particulars as the Government may prescribe. Section 50 provides that if an appeal is filed against an award under Section 43, the Court shall send a notice regarding the institution of the appeal to the Sub-Registrar or the Registrar. Section 51 requires that if no appeal is filed after the expiry of the period provided for an appeal against an award or if an appeal is filed after the disposal of the appeal, the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot apply. The H. A. D. R. Act defines by Section 2 (4) the word 'Court' to mean the Court of Munsif, Subordinate Judge, or a Judge of the City Civil Court having ordinary jurisdiction in the area in which the debtor ordinarily resides, depending upon the monetary value of the total debts of the debtors. The word court is not defined to mean the Civil Court having monetary jurisdiction in the matter in the area where the debtor resides. It is obvious, therefore, that the Court created under the H. A. D. R. Act is a special Court and is not a 'Civil Court' whose orders and decrees are intended to be covered by article 182 of the Limitation Act. It is also clear that what is sought to be executed is not a decree or an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hasme referred me to a decision of a Division Bench of this Court in Muppanna Malkappa v. Shree Gajanan Urban Co-operative Bank Ltd. 49 Bom LR 168 AIR 1947 Bom 375 which arose out of the provisions of the Bombay Co-operative Societies Act (Bombay Act 7 of 1925). The Co-operative Societies Act provides for arbitration in all matters in dispute for arbitration in all matters in dispute between the Society and its members or any of its employees. The dispute has to be settled either by a nominee of the Registrar or by the Registrar himself and the adjudication is indeed called an award. But then Section 59 (1) (a) of the Act as amended in 1943 read thus: 59. (1) Every order passed by ................................. the Registrar or his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Debt Adjustment Court could be said to be a decree under Section 2(2) of the Civil Procedure Code. In any event, assuming that even substantive provisions of the Civil Procedure Code may apply, this could only be save as otherwise expressly provided by the Act. Inasmuch as the Act itself refuses to call that final adjudication a decree, it is impossible to hold that the definition of 'decree' can apply to the final adjudication by the Court. (8) This case has no connection whatsoever with cases such as those where procedural orders are made by the Debt Court in a proceeding under this Act, but under the provision of the Civil Procedure Code, and which are held to be applicable, because its proceedings are governed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
