JUDGMENT

1. Two persons, Mafizuddin Ahmed and Jowadali Khondar, executed a security bond in favour of the Narayangunj Central Co-operative Sale and Supply Society Ltd. in connexion with their appointment as brokers for supplying jute to the society. They having incurred certain liabilities in connexion with their work as such brokers, the society referred the dispute to the Registrar of Co-operative Societies of the Dacca Division who appointed an arbitrator in accordance with the provisions of Rule 22 framed u/s 43, Co-operative Societies Act (2 of 1922). The arbitrator made an award in the shape of a preliminary decree and thereafter in the form of a final decree for sale of the secured property. The award being put into execution objections were entered by judgment-debtor 1, Mafizuddin Ahmad. These objections were overruled and on that he has appealed. Two grounds have been taken in the appeal.

2. The first ground is that the reference under Rule 22, Sub-rule (1) was ultra vires inasmuch as judgment-debtor 2, Jowadali, was never a member of the Society. This objection was not specifically mentioned in the statement of objections filed by the appellant in the Court below. It was ra