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2014 DIGILAW 493 (KER)

Kidangoor Industrial Read Products Employees Co Op Society Ltd v. Indian Overseas Bank

2014-06-30

K.HARILAL

body2014
ORDER K. Harilal, J. 1. The revision petitioners are the applicants in E.A. No. 802/04 in E.P. No. 305/96 in O.S. No. 216/86 on the files of the Additional Sub Court, North Paravur. The above suit was one for money filed against a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969, (for short 'the Act'), and the suit was decreed ex parte. E.P. No. 305/96 was filed for executing the decree against the said Society, the first petitioner herein. The revision petitioners herein filed the above E.A. No. 802/04 under Sections 47 and 151 of the Code of Civil Procedure for a declaration that the judgment and decree in O.S. No. 216786 are null and void on the ground that the Court, which passed the decree, lacks jurisdiction as per the provisions of the Act and also for a declaration that the sale of the plaint schedule property conducted on 14.1.2000 is a nullity. It is the case of the revision petitioners that since the judgment debtor No. 1 being an Industrial Co-operative Society registered under the Act is governed by the provisions of the said Act, when effective remedy is prescribed under S. 16(9) of the Act and the statute expressly bars the power of the civil court under S. 100 of the said Act, the Court which passed the decree had no jurisdiction to pass such a decree and thereby the decree is a nullity.