Horwill, J.

1. In a dispute between the Secretary of the Villupuram Urban Co-operative Bank and member No. 719 of that Company an award was passed by the Arbitrator under Rule 14 of the Rules framed under Section 43 of the Co-operative Societies Act, in which one Vaithilinga Mudaliar and two undivided minors of his family were ordered to pay Rs. 281-6-9 to the Society with interest and costs and upon failure to do so the property was ordered to be brought to sale. This award was sent to the District Munsiff of Villupuram for execution ; and he held after enquiry that the third defendant had not been served in the Proceedings before the Arbitrator; and he therefore refused to execute the decree against the share of the third defendant in the family property. In appeal the Additional Subordinate Judge of Cuddalore confirmed this decision, not only on the ground that the third defendant was not served; but also on the ground that the third defendant, because he was a minor, could not be a member of the Society and because the rules relating to arbitration provide for the decision of disputes to which members only were parties.

2. It has been made clear by this Court in a series