( 1 ) AN objection has been raised by the Registry to the maintainablity of these appeals under the Letters Patent as the orders were passed by the learned single Judge in Civil Miscellaneous Appeal filed under Order 43 Rule 1 of civil Procedure Code. The note of the Registry states that the L. P. As. of the present nature are barred under the provisions of Section 104 (2) of the Civil procedure Code. Mr. S. A. Chari, learned Counsel for the appellants raises the question that the appeals were never preferred under Order 43 Rule 1 C. P. C. , but were filed under Section 96 of C. P. C. read with Section 11 of the Andhra pradesh (Telangana Area) Societies Registration Act, 1350 Fasli (hereinafter shortly referred as "the Act )- Inasmuch as the decision of the learned Principal district Judge was a decree as defined under Section 2 (2) of the C. P. C. , it is appealable as provided under Section 96 of C. P. C.

( 2 ) THERE is no dispute about the fact that the first respondent is a Society registered under the Act. The second respondent is its Chairman and official representative. The dispute between the parties related to its management for redressal of which the application was filed by the appellants before the principal District Judge, Rangareddy District, which is the designated Court for the purpose. The application was dismissed on merits. As the application had been filed under Section 11 of the Act, it is submission of Mr. Chari that the decision of the District Judge finally adjudicated the rights of the parties as were claimed in the application and hence the decision is in the nature of a decree from which the appeal shall lie to this Court as any other appeal from the decrees passed by the District Judge.

( 3 ) SECTION 11 of the Act reads as follows:"dispute regarding management:- In the event of any dispute arising among the Managing Committee or the members of the Society, in respect of any management or dissolution of the society, any member of the society may file an application in the District Court concerned, and the said Court shall, after necessary inquiry, pass such order as it shall deem fit. Explanation:- "district Court" shall mean, in the City of Hyderabad, First judge of the City Civil Court. "

( 4 ) ADMITTEDLY, in the Act there is no provision providing for appeal from the decision under Section 11 of the Act nor is there any provision showing that the application under Section 11 is to be treated as a suit or that the decision of the District Judge shall be deemed to be, a decree. The provision is clear that in the matter of dispute regarding the management, a Member of the society can file an application before the District Court and the Court after necessary enquiry pass such order as it shall deem fit. The District Court is explained as the first Judge of the City Civil Court. It is worthwhile to note that the proceeding before the District Court is treated to be commenced by filing an application. There is no provision that the application shall be registered as a plaint or that there shall be trial ensued upon the plaint. There is no provision that the provisions of C. P. C. should apply for disposal of the application. The function of the District Courtis to "enquire into the application and pass an order as is deemed fit". It may be a fact that by disposing of the application, the rights of the parties are concluded. But then it is clear that the application is neither a suit nor a decree is passed in respect of the contentions advanced by the parties. Mr. Chari, learned Counsel submits that his application before the District Court was in the nature of a plaint and that the appeal before the learned Single Judge had been preferred under section 96 of C. P. C. read with Section 11 of the Act. Hence the application was to be treated as a suit and the appeal was to have been held to be maintainable as the decision in a suit can only culminate in a decree. The submission is misconceived since by mer

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