The learned Special Government Pleader would fairly submit that the present writ petition is squarely covered by the decision of this Court in W.P.No.33003 of 2015 and batch, wherein this Court has held that the petitioner has not impleaded the Special Officer as a party in the suit, since this Court suo-motu impleaded the Special Officer as a party and remanded the matter to the Appellate Court, to decide the appeal.
2. In view of the above, this Court has no hesitation to set aside the judgment and decree passed by the Appellate Tribunal in C.M.A.No.20/2009 and the matter is remanded back to the Tribunal and suo-motu to implead the Kodavasal Cooperative Primary Agriculture and Rural Development Bank Ltd., Kodavasal as a party respondent in the appeal. The Tribunal shall consider and pass orders within a period of six months from the date of receipt of a copy of this order, after affording opportunity to the parties concerned.
3. In the result, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
20.09.2017 ssn To
1. Deputy Registrar of Co-operative Societies, Tiruvarur (PO) & (Dt.)
2. Principal District and Sessions Judge, Tiruvarur (PO) & (Dt.) D.KRISHNAKUMAR, J., ssn W.P.No.40451 of 2015 and M.P.No.1 of 2015 20.09.2017