PERUMAL MOOPAN Vs. MKVENKATACHARIAR BATHE ASSISTANT REGISTRAR OF CO- OPERATIVE CREDIT SOCIETY AND LIQUIDATOR OF COOPERATIVE CREDIT SOCIETY

JUDGEMENT

(1.) It is clear that when A.S. No. 345 of 1916 was filed and disposed of the Co-operative Credit Society of Kalathur had gone into liquidation and was represented by the Assistant Registrar of Co-operative Societies as liquidator. The appellant in that appeal made the society a respondent but alleged that it was represented by its former President whose powers to represent the society had ceased before the filing of the appeal. The decision of the District Munsif in favour of the society was reversed and the transfer of the decree made by the President acting on behalf of the society was recognised.

(2.) The Registrar of Co-operative Credit Societies applied to the District Judge to set the decree in A.S. No. 345 of 1916 aside owing to the society not having been properly represented and to rehear the appeal after bringing him on record as the proper person to represent the society. He applied under Section 151, Order 22, Rule 10 and Order 47, Rule 1 of the Civil P. C..

(3.) As regards the delay the District Judge in the exercise of the powers conferred by Section 5 of the Limitation Act excused the delay and 1 do not think that under Section 115 of the Civil Procedure Code I can interfere with his discretion. Even assuming that Order 47 Rule 1 does not apply the question is whether he had power to act under Section 151.