FIRM GOPALJI Vs. INDORE PREMIER CO-OPERATIVE BANK LTD.

JUDGEMENT

(1.) THIS is an appeal filed by the judgment debtors against an order of the executing Court which held that the execution of the decree is within time. In order to understand and appreciate the points urged in this appeal it seems proper to refer to certain facts of the case. The Respondents, the Indore Premier Co -operative Bank Ltd., Indore, are a Co -operative society registered under the Indore Co -operative Societies Act (Act No. 5 of 1914), doing banking business. Defendant Gopalji Govindram was a member of this society and owed money to this society. As the manager of the joint Hindu family and as the manager of the family firm, he executed a certain document and on the basis of this document, the decree -holders put forth a claim against the Appellants.

(2.) THE case appeared to be a rather complicated one and as many as nine issues were struck. The Registrar came to the conclusion that the Defendants were liable to pay Rs. 39,172 -2 -5 to the society, and after deducting various sums he held that the Plaintiffs were entitled to claim from the Defendants a sum of Rs. 28,053 as principal together with simple interest from 1 -1 -1936 till satisfaction of the Plaintiffs, claim. He then passed the following order:

(3.) IT was argued by Mr. Sanghi, learned Counsel for the Appellants, that this order amounts to a final decree as nothing remains to be done. In my opinion this contention is not tenable as a period of six months was laid down for the payment of the amount due. It was obviously contemplated that the Defendants would pay something within six months and then it will be seen whether the house mortgaged would be sold or not. Now it appears from an order of the Registrar dated 13 -8 -1946 that within six months the Defendants paid to the society a sum of Rs. 3,972 -4 -0. Then for the remaining sum due a decree for sale of the mortgaged property was passed on 13 -8 -1946. It is this decree that gave rise to the present dispute.