The Registrar functioning as Arbitrator under the Kerala Co-operative Societies Act, 1969 has no power to implead legal representatives in arbitration proceedings.

1. The petitioner in this original petition is the son of one Velayudha Kurup who was the counter-petitioner in Arbitration Reference No. 57 of 1958 before the 2nd respondent-Deputy Registrar of Co-operative Societies. The grievance of the petitioner is against Ext. P1 order of the 1st respondent-Cooperative Tribunal, Trivandrum dismissing the revision petition filed by the petitioner, his late mother and three sisters. The said revision was against an order of the 2nd respondent impleading the legal representatives of the deceased Velayudha Kurup. The question that arises for consideration is whether an arbitrator under S.70 of the Kerala Co-operative Societies Act, 1969, for short the Act, has the power to implead the legal representatives and, if so, whether the legal representatives can be impleaded at any time after the death of the party.

2. The petitioner's father, Velayudha Kurup, left this world on 20 61970 when Arbitration Reference No. 57 of 1958 was pending before the 2nd respondent. In March 1974 the 3rd respondent-Liquidator filed a petition for impleading the legal representatives of the deceased Velayudha Kurup in the above Arbitration Reference. The petitioner and the other legal representatives entered appearance and contended that they cannot be impleaded because no action to implead them was taken within three months from the date of death of Velayudha Kurup and hence the Arbitration Reference abated. But the 2nd respondent overruled the above objection and allowed the 3rd respondent's petition for impleading. Against the above order of the 2nd respondent, the petitioner and the other legal representatives of Velayudha Kurup filed a revision petition R.P. No. 19 of 1974 before the 1st respondent. The 1st respondent by Ext. P1 order dated 13 91974 dismissed the above revision petition. The petitioner challenges the above order, Ext. P1, in this original petition.

3. A counter-affidavit has been filed by the 2nd respondent. The statement in para 3 of the counter-affidavit is that, "On 20 61970 the defendant Sri Kurup died. When the liquidator came to know of the death of the defendant, the liquidator made enquiries as to the legal representatives of the deceased and after obtaining their details filed a petition on 6 31974 before the Arbitrator to implead five persons (the wife, the son and three daughters of the deceased defendant) the legal representatives of the deceased defendant." It is pointed out in Para.4 as follows: "The Kerala Cooperative Societies Act, 1969 is a special enactment made with a view to deal with the Co-operative Societies and the members thereof. S.69 of the Act enumerates certain matters as disputes to be settled by the Registrar under S.70. S.77 of the Act says that the Registrar or any person empowered by him in this behalf shall be deemed to be a civil court for the purposes of Art.136 of the schedule to the Limitation Act, 1963." It is also pointed out in the counter-affidavit that the provisions of the Civil Procedure Code regulating the impleading of the legal representatives in suits and appeals cannot apply to proceedings under the Act.

4. Learned counsel for the petitioner contends that in the absence of any provisions in the Act and the Rules framed thereunder for impleading legal representatives, the 2nd respondent ought not to have impleaded the petitioner and the other legal representatives on the death of Velayudha Kurup. Learned counsel then contends that the legal representatives can be impleaded only if the provisions of the Code of Civil Procedure and the Limitation Act, 1963 are applicable to arbitration proceedings under the Act. According to the learned counsel, even then the application for impleading has to be submitted within 90 days of the death of the party or within 90 days of coming to know of the death of the party. Learned counsel points out that in this case, though Velayudha Kurup died on 20-6-1970 the petition for impleading was submitted by