AIROnline 1995 SC 117 ::(1996) 1 CivilCourtC 667 ::1996 (7) SCC 32 ::1996 (1) Rec Rev Rep 438 ::1996 (1) Land LR 357 ::1996 (1) Civil Court Cases 667 ::(1995) 4 Cur CC 90 ::(1995) 8 JT 335 ::(1995) 8 JT 335 (SC) ::(1996) 1 SCJ 484

Supreme Court Of India

Hon'ble Judge(s): M. M. Punchhi, Sujata V. Manohar , JJ

(A) Punjab Cooperative Societies Act (25 of 1961) , S.55— Dispute between Society and its deceased member - Defalcation of large sums of money of society - Heirs and L. R. of deceased member made liable to pay principal sum and interest by Arbitration award - Liability of heirs and L.R.s cannot exceed interest devolved on them from late member. (Para 4) (B) Constitution of India , Art.226— Writ petition - Dismissal in limine - Cannot have effect of wiping out plea that liability of petitioner for recovery of large sums of society allegedly defalcated by deceased member cannot exceed interest devolved uopn them from late member of co-op, society - Such plea cannot be shut out merely on account of dismissal of writ petition - Plea would remain alive whenever question of recovery would rise - No bar of res judicata would be valid to thwart such defence, as and when raised, as such matter was not and could not be directed and substantially in issue. (Para 4) .....