This is a petition under Arts.226 and 227 of the Constitution of India. The question for consideration is whether an appeal to the Kerala Co-operative Tribunal, dismissed for omission to cure the defect of failure to pay the requisite fees, makes the decision appealed from "the subject matter of the Appeal", within the meaning of the first proviso to S.84 of the Kerala Co-operative Societies Act ( "the Act" for brevity ).

The question arises out of the facts set out in paragraph 2 below.

2. The petitioner secured, under. S.70 of the Act, an award in A.R.C. 21 of 1979 against the Ernakulam Co-operative House Construction Society Limited, the respondent No.1 herein. The latter filed an appeal before the Kerala Co-operative Tribunal, respondent No.1 herein. The appeal was not registered, as the payment of the prescribed fees was irregular in as much as the amount had been credited to a wrong Head of Account. For this reason, the appeal did not conform to the provisions of the Kerala Cooperative Societies Rules ( "the Rules" for short) and constituted a defect within the meaning of sub rules (3), (4) and (5) of R.100 of the Rules. The respondent No.2 did not remove this defec