MURLIDHAR SHARMA Vs. ADDL REGISTRAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against the judgment dated 16. 9. 1997 passed by the learned Single Judge by which the writ petition was dismissed.

(3.) THE contention of learned counsel for the appellant is that since admittedly facts with regard to proceeding under Section 74 that is to say that institution of enquiry on 23. 12. 89 was clearly barred under Section 74 of the Rajasthan Cooperative Societies Act, 1965 as it was then existing. Subsequent amendment brought into Section 74 w. e. f. 27. 3. 91 being not retrospective in effect, the proceedings which have become barred before commencement of amending provision, could not have revived. He placed reliance on two decisions of this Court in DBCSP No. 1198/2000 decided on 12. 2. 2001 & SBCWP No. 2127/89 decided on 29. 6. 1999 wherein learned single Judge held that the second part of the proviso, which provides for limitation from the date of knowledge, was brought by the Amendment with effect from 27. 3. 1991 and that too without having any retrospective application did not apply retrospectively to resurrect the time barred claims which have so become barred by time before amendment.