Section 8 - Enforcement of Judgment Against Society
Section 8 of the Societies Registration Act, 1860 governs how a judgment obtained against an officer or representative acting for a registered society is enforced. The judgment is enforceable against the property of the society, not the personal property or person of that representative merely because the representative was named in the proceeding.
Text of Section 8: Enforcement of judgment against society
If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society.
The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.
Official statutory source: India Code - Societies Registration Act, 1860 (PDF).
Meaning and scope of Section 8
A registered society may conduct litigation through an authorised office-bearer or trustee under Section 6. Section 8 distinguishes the person whose name appears in that representative capacity from the society whose rights and liabilities are being adjudicated. When a judgment concerns the society and the named person acted solely on its behalf, execution must be directed at the society's property.
Protection of the named officer
Section 8 prevents the enforcement of that representative judgment against the officer's own movable or immovable property or against the officer personally. This protection concerns liability arising solely from representation of the society. It does not by itself extinguish a separate, legally established personal liability for an officer's independent acts.
Property available for execution
Enforcement may proceed against property belonging to the society, subject to applicable execution law and proof of ownership. Under Section 5, society property not vested in trustees is deemed vested in its governing body for the time being. That provision helps explain why the formal holding or description of property may differ from the society's beneficial interest.
Requirements for an execution application
Section 8 expressly requires the execution application to identify the judgment, explain that the person named in the proceedings sued or was sued only on behalf of the society, and seek enforcement against the society's property. In practice, the applicant should accurately identify the judgment or decree, the society, the representative capacity and the assets sought to be proceeded against, consistent with the applicable procedural rules.
The Code of Civil Procedure, 1908, particularly its provisions concerning execution of decrees and orders, supplies the general procedural framework where applicable. Section 8 addresses the specific question of whose property may be reached in a representative judgment against a society.
Relationship with Sections 6 and 7
Section 6 identifies the persons through whom a society may sue or be sued. Section 7 provides for continuation of civil proceedings when the representative dies or ceases to hold the relevant office. Section 8 completes this framework by directing enforcement of a judgment against the society's property rather than against the representative personally.
Illustrative example
Suppose a registered society enters into a lawful contract through its secretary and a civil decree is subsequently passed against the secretary solely as the society's representative. Subject to the decree and applicable law, the successful claimant may seek execution against assets of the society. The secretary's private assets cannot be attached merely because the secretary was the named representative in the suit.
State amendments and applicable law
The Societies Registration Act, 1860 has been amended or replaced in certain States, and local legislation may alter the position. Before initiating or defending execution, check the statute and amendments applicable to the society's place of registration, its governing rules and the relevant judgment. The text above reflects Section 8 of the central Act and is not a substitute for checking the governing State law.