- (1.) Plaintiff-Jagsir Singh having Med in both the courts below has filed the instant second appeal. In the suit, plaintiff challenged arbitration award dated 29.05.2000 made by the Arbitrator appointed under Section 55 of the Punjab Cooperative Societies Act, 1961 (in short, the ''Act'') and the consequential attachment of residential house of the plaintiff in execution of the said award. The plaintiff alleged that the attached residential house is exempted from attachment under Section 60 of the Code of Civil Procedure (in short, ''CPC''). It was also alleged that award dated 29.05.2000 was passed without notice and without affording opportunity of hearing to the plaintiff. It was also pleaded that the award is not registered. It was also pleaded mat the plaintiff had not taken any loan from defendant No. 4 Cooperative Society.
(2.) Defendants contested the suit and defended the arbitration award and consequential execution proceedings thereof. It was pleaded that plaintiff had taken loan of Rs. 1,42,000/- from defendant No. 4 Society for construction of house and had executed mortgage deed of the plot in question over which the house was constructed by the plaintiff from the loan amount. The plaintiff defaulted in repayment of me loan and, therefore, the matter was referred to Arbitrator under Section 55 of the Act The Arbitrator made award dated 29.05.2000 after giving notice to the plaintiff. Loan amount as per award is recoverable from the mortgaged property. Jurisdiction of Civil Court to try the suit is barred under Section 82 of the Act Grounds to challenge the award were controverted.
(3.) Learned Civil Judge (Senior Division), Faridkot vide judgment and decree dated 28.07.2007 dismissed the plaintiffs suit First appeal preferred by the plaintiff has been dismissed by learned Additional District Judge, Faridkot vide judgment and decree dated 09.052009. Feeling aggrieved, plaintiff has filed the instant second appeal.;