( 1 ) THE short facts of the case are appear to be that a suit came to be filed against the petitioner by the respondent society for recovery of Rs. 2,43,410/-with interest at the rate of 4% p. a. being Lavad suit No. 1781/89 before the Registrar, Board of Nominees. It is the case of the petitioner that the said suit was filed on the basis that the petitioner was the President of the society and he had misappropriated certain material of the society and the society had suffered damages and also loss of material and therefore the amount was sought to be recovered in the said suit. It is the case of the petitioner that after the summons were served advocate was engaged by him, however, for one reason or the other the written statement was not filed and the suit proceeded exparte before the Ld. Nominee and ultimately as per the judgment and award dated 1. 4. 91 the suit was decreed and award was passed for recovery of Rs. 2,43,41. 34ps with interest at the rate of 12% on Rs. 1,21,715. 11ps. It is further the case of the petitioner that the petitioner was not aware about the exparte judgment and award passed by the Ld. Nominee and when the petitioner came to know about