Section 98 in The Orissa Co-operative Societies Rules, 1965
98. Procedure in execution decree, or decision, award of contribution order.
(1)Any decree-holder requiring the provisions of Clause (c) of Sub-Section (1) of Section 103 of the Act to be applied, shall apply to the Principal Officer of the Co-operative Department having jurisdiction over the area in which the cause of action arose and shall deposit necessary costs on a scale prescribed by the [Auditor-General] [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] from time to time :Provided that the [Auditor-General] [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] by an order in writing exempt a non-borrowing liquidated Society having no funds from payment of cost, prescribed under this Rule.(2)If the defaulter resides or the property be proceeded against is situated or held outside the jurisdiction of the Principal Officer shall transfer the application to the Principal Officer of the area within whose jurisdiction the defaulter resides or such property is situated or held, after verifying the correctness of the particulars set forth in the application with the records, if any, of his office.(3)Where a defaulter dies before the decree has been fully satisfied, an application, under Sub-rule (1) may be made against the legal representative of the deceased and thereupon all the provisions of this rule shall apply as if such legal representatives were the defaulter or defaulters.(4)Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed and for the purpose of ascertaining such liability, the Principal Officer of the area executing the decree may, on his own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as he thinks fit.(5)Property in the hands of a son of other descendant who is liable under Hindu Law for the payment of the debt of deceased ancestor in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.
