BHANWARLAL MAHAVIR PD Vs. DY REGISTRAR CO OPERATIVE SOCIETIES BIKANER
LAWS(RAJ)-1962-3-8
HIGH COURT OF RAJASTHAN
Decided on March 26,1962

BHANWARLAL MAHAVIR PD Appellant
VERSUS
DY REGISTRAR CO OPERATIVE SOCIETIES BIKANER Respondents

JUDGEMENT

- (1.) THIS appeal has been preferred against the order of Deputy Registrar, Co-operative Societies, Bikaner, dated 11. 9. 61 by which he has appointed three persons to act as arbitrators in a dispute between the Raisinghnagar Co-operative Society and its Members, M/s. Bhanwar Lal Mahavir Pd. Raisinghnagar, the appellant before us, under sec. 61 of the Rajasthan Cooperative Societies Act 1953 (hereinafter referred to as the Act ). The appeals are allowed under this Act only under sec. 75. It does not make every order appealable but specified certain orders described therein which can be questioned in appeal. By clause thereof it is only a "decision" under sec. 61 which is allowed to be appealed against. The impugned order is not a "decision" of this type. Rather, it is only an order appointing certain persons as arbitrators who are to take to decision in the dispute. The appeal is, therefore, incompetent.
(2.) THE learned counsel for the appellant has made a request that if the appeal is not permissible the memorandum may be treated as an application for revision under sec. 76 of the Act. Under this section also, however, there do not appear to be any grounds for interference. For it is only the impropriety or illegality of any order that can be examined under this section. In the present case no such impropriety or illegality can be taken to have been committed inasmuch as a notice was issued to the appellant and he did not care to file any reply thereto. We notice, however, that the impugned order is dependent on and consequential to an order of the learned Deputy Registrar dated 1. 8. 61 which has already been set aside by another D. B. of the Board on 6. 2. 62. This appeal is, therefore, hereby rejected. .;


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