( 1 ) THE Nellore District Co-operative Marketing Society Ltd. represented by its Business Manager has filed this application under Article 226 of the Constitution of India seeking a writ of certiorari or any other appropriate writ, order or direction to quash the order made by the Co-operative Tribunal (Prl. District Munsif, Nellore) in I. A. N. 859/76 in A. P. P. No. 2/74, dated 3-3-198 confirming the order of the Deputy Registrar of Co-operative Societies, nellore, dated 24-7-74 (mistake for 27-7-74) dismissing for default the claim of the aforesaid Marketing Society for Rs. 9,538-00 against one Chennareddy kodandarami Reddi.

( 2 ) THE Nellore District Co-operative Marketing Society (hereinafter referred to as the Petitioner) filed an application A. Re. No. 44/70-71 before the Deputy Registrar of Co operative Societies against one Ch. Kodandafamireddy claiming a sum of Rs. 9,538/- alleging shor-delivery of rice, broken flee and gunnies entrusted to him for the period 5-12-65 to 4-4-66. The claim was based on an alleged agreement dated 5-5-1975. Shri Ch. Kodandaramireddy was alleged to be a member of the petitioner-Society and Proprietor of Sri kodandarama Rice Mill, Pedachaerukuru.

( 3 ) IN his written statement Sri Kodandaramireddy disputed the claim of the petitioner-Society and contended that the Society owed him a sum of Rs. 2,625/ -. It appears the petitioner-Society did not take interest in the matter and the enquiry was getting adjourned from time to time. On 27-7-74 the petitioner- society filed an application before the Deputy Registrar stating that the documents were "misplaced in the record room and as they were not traceable immediately ten days time may be granted for producing the record and for giving evidence. " one Sri B. Venkatramaiah the authorised representative of the petitioner-Society who was present before the Deputy Registrar "expressed his inabilty to give any evidence in the case". By then the enquiry was adjourned 70 (seventy) times. The Deputy Registrar after noting the aforesaid application filed for adjournment and the inability of the authorised representative to give evidence, paused an order on 27-7-78 observing :"it is evident that the plaintiff has no interest in this case for reasons best known and on account of this he has failed to produce any evidence. It is surprising that the plaintiff submits that the relevant records are misplaced somewhere and are not traceable. As a result I find no reason to entertain this suit any further. It is therefore dismissed. Costs to be borne by each. "

( 4 ) THIS order was carried in appeal A. P. P. No. 2/74 under Section 76 to the Co-operative Tribunal (Prl. District Munsif, Nellore ). Kodandaramireddy the defendant before the Arbitrator (Deputy Registrar) died on 20-12-75 and his counsel filed a memorandum before the Tribunal to that effect on 6-2-76. On 10-8-76 an application, I. A. No. 859/76 was moved by the petitioner-Society under Section 5 of the Limitation Act seeking condition of delay of 6 months and 4 days to bring on record the legal representatives of the deceased Kodandaramireddy. By a reasoned under dated 3-3-80 the learned Prl. District munsif dismissed the application holding that no sufficient cause was made out by the petititioner-Society for condoning the delay. Questioning the validity of that order the present writ petition was filed.

( 5 ) THE first respondent is the Co-operative Tribunal (Principal District munsif Nellore ). The Deputy Registrar of Co-operative Society, Nellore is the 2nd respondent. The legal representatives of Kodandarami Reddy (two sons and two daughters) are respondents 3 to 6.

( 6 ) TWO contentions are advanced by Shri S. R. Ashok, learned counsel for the petitioner,viz. :1. The Co-operative Tribunal, not being a Court has no power to dismiss the application since the provisions of the Limitation Act do not apply to the Tribunal; and2. The Deputy Registrar has no power to dismiss for default