High CourtsDivision Bench(1939) 07 MAD CK 0012

K. Munisami Chetti (died) and Others vs Chenchu Naidu and Another

Madras High Court · Decided on 31 July 1939 · Citation: (1940) 52 LW 335 : (1940) 2 MLJ 216

HON’BLE JUDGES
Wadsworth, J

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Judgment

5 paragraphs · 130 words

Wadsworth, J.—The only question in this appeal is whether an award under Rule 15 of the rules u/s 51 of the Co-operative Societies Act

may, after it has been filed in the Civil Court for enforcement under Rule 15(7)(c) be executed on the application of an assignee from the person in

whose favour the award was made. No authorities have been cited. The rule itself says that the ""Court shall enforce the award as if it was a decree

of the Court"". If it were a decree, an assignee could under Order 21, Rule 16 of the CPC apply for execution. I see no reason why this provision

should not apply to a co-operative award which is enforceable as if it were a decree. The appeal is dismissed with costs.