NATHURAM MAHAJAN Vs. DISTRICT CO-OPERATIVE BANK LTD SHIVPURI

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is mainly directed against an order dated October 18, 1966 whereby, purporting to revise an earlier order of the Registrar of Co-operative Societies, Madhya Bharat, passed on September i, 1953, under section 72 of the United State of Gwalior, Indore and Malva (Madhya Bharat) Co-operative Societies Adaptation Act, 1949 (hereinafter called the Act), the State Government set aside that order and affirmed the confirmation of an auction sale made in favour of Chhatram (respondent No. 6) on October 30, 1950. By the Registrar's order which was set aside by the State Government, that aution sale had been set aside.

(2.) THE material facts that gave rise to this petition may be shortly stated. THE petitioner had borrowed money from the District Co-operative Bank Ltd., Shivpuri (respondent No. 1), in the years 1943 and 1944. For the amount that remained unpaid, the respondent No. 1 secured on April 5, 1945 an award for Rs. 8,360-9-3. For recovery of that amount, two houses belonging to the petitioner, which had been attached earlier, were sold by auction. It is common ground that, to this attachment and sale, the provisions of the Code of Civil Procedure applied as provided by rule 46 (4) (a) of the Rules framed under the adopted Act and then in force. That provision is as follows:

(3.) OUR attention was also drawn to rule 48 of the Rules framed under the relevant Act for the purpose of showing that no further revision lay to the State Government. That rule reads: