- (1.) THIS is a plaintiff's second appeal against the decree of the learned Senior subordinate Judge, Hoshiarpur, confirming on appeal the decision of the trial Court dismissing his suit.
(2.) BANTA Singh, a resident of village Tanoli, District Hoshiarpur, brought a suit against Anjuman Imdad Bahmi and Thrift Society of his village for a declaration to the effect that the decree obtained by the defendant on the basis of an award against him was illegal and void. He also prayed for an injunction restraining the defendant not to realise the said decretal amount from him in execution of the aforesaid decree. His allegations were that though he was a resident of village tanoli, but he was living in Rajasthan since 1930 and used to visit his village off and on. About six months before the institution of the suit in May, 1958, when he visited his village, he came to know that the defendant had obtained a decree against him on the basis of an award and was going to execute the said decree by attaching and selling his immovable property. He was neither a member of the defendant-Society nor had he borrowed any money from it. He did not even stand surety for any member of the Society for any debt. It was also averred by him that he received no notice from the Arbitrator to appear before him.
(3.) THE suit was contested by the defendant-Society on a number of pleas which led to the framing of the following issues:-1. Whether the plaint as signed by the plaintiff? 2. Whether the plaintiff is or was a member of the defendant society? 3. If issue No. 2 is proved, whether civil court has no jurisdiction to try the suit? 4. If issue No. 2 is proved, whether the plaintiff was a debtor and a surety for a debtor of the defendant Society? 5. If issue No. 4 is proved, whether the proceedings before the arbitrator were illegal, unauthorised, inoperative for the reasons given in para No, 4 of the plaint?;