1. This first appeal has been filed by the plaintiff against the decree of the Additional District Judge, Balaghat, dismissing the suit.

2. On 31-07-1950, the Honorary Secretary of the defendant Co - operative Society made a reference to the Registrar that the plaintiff as a Treasurer of the Society had not accounted for the moneys received by him as such. The plaintiff had admittedly a sum of Rs. 3415-10-8 with him on behalf of the Society, but the dispute arose regarding an item of Rs. 7397-8-0 received by him on the encashment of a hundi which was appropriated by him towards dues which he had to recover as commission agent. The Registrar gave an award on 30-6-1951 holding. that the plaintiff (appellant) was liable to pay Rs. 10,462-15-6 to the defendant. The plaintiff challenged the validity of the award.

3. The plaintiff admitted that his family firm Raotmal Mishrimal acted as a Treasurer from 20-2-1948 till 31-7-1950, but he himself was neither the Treasurer nor a member of the society. Accordingly the reference to the Registrar was not competent and the award is without jurisdiction.

4. The defendant pleaded that the plaintiff himself was the Treasurer and was also a member of t