ABDUL SALAM Vs. DISTRICT AUTOMOBILE WORKERS ASSOCIATION

JUDGEMENT

(1.) AS Writ Petition Nos. 9764/2008 and 9878/2008 arise from identical suits and as the issues to be answered in both the cases are the same, the two petitions are clubbed, heard together and are being disposed of by this common order. The facts are being narrated with reference to Writ Petition No. 9764/2008.

(2.) THE petitioner has raised the challenge to the order, dated 3.6.2008 (Annexure -H) passed by the Court of the Principal Civil Judge (Sr.Dn.) and C.J.M., Shimoga on I.A. No. 3 in O.S. No. 217/2002.

(3.) BASED on the rival pleadings, the Trial Court framed seven issues. The matter came to be posted for the first respondent -plaintiff's evidence on 19.10.2005 and thereafter it appears that the case was being adjourned from time to time for his evidence. The case was posted for the examination -in -chief and thereafter cross -examination of the respondent (PW1) on 27.6.2007 and 19.7.2007 respectively. On 19.7.2007, the petitioner filed I.A. No. 2 requesting the Court to frame the following additional issues: 1. Whether the plaintiff proves that the District Automobile Workers Association is still in existence and the secretary S.L. Dasappa has locus standi and authority to file suit? 2. Whether the plaintiff proves that the suit relief is properly valued and the Court fee paid on the plaint is sufficient? 3. Whether the plaintiff proves that the suit is filed well within time?