LAW FOR ALL

The O.P. is filed under Section 23 of Andhra Pradesh Societies Registration Act, 2001 before the trial Court seeking a direction to respondents 2 and 3 to furnish correct audited accounts of respondent No.1 society from the period of their taking charge, convene the general body meeting and to conduct the elections, and if finds any misappropriation, respondents 2 and 3 may be directed to make good of the amounts by depositing the same with interest in the account of respondent No.1- society. However, the O.P. was dismissed for non-prosecution on 16.07.2010. Aggrieved thereby, the petitioners filed the present I.A. under Order IX, Rule 9, read with Section 151 of Code of Civil Procedure (for short 'CPC') for restoration of the O.P. - So far as the observation of the trial Court at the interlocutory stage that the main O.P. has become infructuous is concerned, the trial Court while coming to the conclusion that there are no merits in the restoration application, appears to have observed that the O.P. has become infructuous by relying on some authentic information that general body meeting was conducted, elections were held and respondents 2 and 3 had placed the accounts before the general body meeting in respect of respondent No.1 society. Therefore, this Court does not find fault with the observation of the trial Court.