I.B. EMPLOYEES COOPERATIVE HOUSING SOCIETY vs ADDITIONAL DISTRICT JUDGE-II, EAST ISLAMABAD Ss

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I.B. EMPLOYEES COOPERATIVE HOUSING SOCIETY VS ADDITIONAL DISTRICT JUDGE-II, EAST ISLAMABAD Ss.59(1)(a), (b) & 59(2), (3)---Limitation Act (IX of 1908), First Sched., Art. 182---Execution of orders by the Liquidator or Registrar---Powers of the Registrar to execute his orders---Scope---Contention of the petitioner was that it was the Registrar who had the powers to execute his orders instead of the Civil Court---Validity---Section 59(1) of the Co-operative Societies Act, 1925 (CSA) provides that an order passed by the liquidator or the Registrar under the stipulated provisions of the CSA, if not carried out, shall on a certificate signed by the Registrar or Liquidator be deemed to be a decree of a Civil Court and shall be executed in the same manner as a decree of such court or alternatively be executed by the Collector in accordance with the law pertaining to the recovery of arrears of land revenue subject to issuance of the requisite certificate---Section 59(2) of CSA empowers the Registrar to exercise powers of the Collector under the relevant law relating to land revenue to recover by sale and attachment of property such sums as stipulated thereunder, whereas, S.59(3) of CSA provides the limitation period applicable upon the Registrar when inter alia exercising the powers under the CSA for the recovery of any amount by sale and/or attachment of property---Limitation period provided for the execution of a decree or order of any Civil Court has been stipulated in Art.182 of the Limitation Act, 1908 and for such purpose S.59(3) of CSA provides that the Registrar shall be deemed to be a Civil Court, therefore, the provision of S.59 of the CSA is absolutely devoid of any language whereby the Registrar is to be deemed a Civil Court for any purposes other than limitation where the Registrar is exercising any power under the CSA for recovery of any amount---Respondent No. 2 had not made an application to the Collector pursuant to S.59(1)(b) of the CSA or to the Registrar under S.59(2) of CSA for recovery in accordance with law pertaining to recovery of arrears of land revenue and as such subsection (3) thereof did not come into play---Both the Courts below correctly concluded that S.59(1) of CSA provides two modes of execution and as such the proceedings before the Civil Court were rightly instituted under the mode provided pursuant to S.59(1)(a) of CSA---Constitutional petition was dismissed accordingly.

I.B. EMPLOYEES COOPERATIVE HOUSING SOCIETY vs ADDITIONAL DISTRICT JUDGE-II, EAST ISLAMABAD Ss — 2025 CLC 408 ISLAMABAD

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