V BHASKARA RAO Vs. C MADHAVA RAO
HIGH COURT OF ANDHRA PRADESH
VALAPARLA BHASKARA RAO
CHEGU MADHAVA RAO
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(1.)This revision is filed against the order of the 1st Additional District Munsif, Guntur in E.P.No.ll 1 of 1991 in O.S.No.407 of 1990 dated 21-10-1991, allowing the petition filed by the respondent-decree holder under Order 21 Rule 46 of the Civil Procedure Code for attachment of the share capital of the Petitioner- judgment-debtor in a Co-operative Society.
(2.)The brief facts are as follows:- The petitioner is working as a Guard in the State Bank of India. He is a member of the State Bank of India Employees' Cooperative Credit Society, Guntur. He invested Rs.2,000/- towards his share capital in the society. The respondent is a money lender from whom the petitioner took loan. The interest payable is very high. The respondent filed a suit O.S.No.407 of 1990 on the file of the District Munsif's Court, Guntur, against the petitioner and obtained a decree. In execution of the said decree, the respondent filed E.P.No.111 of 1991 on the file of the Ist Additional District Munsif Court, Guntur and sought for attachment of the petitioner's share capital invested in the S.B.I. Employees Co-operative Credit Society, Guntur.
(3.)The petitioner contested the E.P. stating that his share capital lying in S.B.I. Employees Co-operative Credit Society, Guntur is not liable for attachment under Section 39 of the A.P. Co-operative Societies Act, 1964. The learned 1st .Additional District Munsif, Guntur rejected the said plea and ordered attachment of the share capital of the petitioner lying in the Co-operative society by the impugned order dated 21st October, 1991. Against the said order, the present revision is filed.
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