KERALA HIGH COURT ADVOCATES ASSOCIATION Vs. BABBALAN

JUDGEMENT

(1.) THE writ petition is filed under Article 227 of the Constitution of India challenging Ext. P22 order passed by the 1st Additional Munsiff Court, Ernakulam in lA No. 483 of 2009. THE writ petitioners are the Kerala High Court Advocates' Association, Kerala High Court Advocates' Association Chamber Society and M/s Geo Foundation & Structures (P) Ltd. THEy are the defendants in OS No. 85 of 2009 pending before the Munsiff Court, Ernakulam. IA No. 483 of 2009 is a petition filed under Section 91 of the Code of Civil Procedure seeking leave of the Court to institute the suit. By the impugned order, the learned Munsiff allowed the petition and the leave initially granted on 19/01/2009 is made absolute.

(2.) EXT. P1 is the plaint filed along with EXT. P2 petition for leave. Suit is filed seeking the following reliefs:

(3.) THE suit was filed on 17/01/2009. Application for leave filed as IA No. 483 of 2009 was supported by an affidavit. THE application for leave and the affidavit are marked as Ext. P2. THE affidavit is a very short affidavit which does not show any averments stating any reason for leave. THE only sentence pleaded which is material regarding grant of leave is 'in view of the public cause involved the plaintiffs files the present suit in order to prevent the wrongful act affecting the public' In the affidavit it is stated that various averments contained in the plaint may be read as part of the affidavit. THE learned Munsiff granted permission to the plaintiffs to institute a suit under Section 91 (b) of the Code of Civil Procedure. Ext. P3 is the order passed by the learned Munsiff on 19/01/2009 granting leave. Consequently, suit is numbered as OS No. 85 of 2009. THE Court passed the order finding that there are prima facie materials to grant leave under Section 91 of the Code of Civil Procedure. THE Court issued summons. On getting summons, the defendants preferred civil revision petition before this Court as CRP No. 65 of 2009 challenging the order of the learned Munsiff granting leave. This Court disposed of the CRP No. 65 of 2009 by order dated 02/02/2009 at the admission stage without issuing notice to the respondents. This Court directed the learned Munsiff to pass appropriate orders after hearing the revision petitioners, either making the leave absolute or vacating/revoking the leave initially granted and shall proceed with the suit only in case the leave granted is made absolute. This Court also observed that the revision petitioners shall be at liberty to file objections, if any, objecting the grant of leave under Section 91 (1)(b) of the Code of Civil Procedure and further issued directions that the objections shall be filed positively within two days and that on such objections being filed, the Court below shall consider the objections and pass appropriate orders. Ext. P4 is the order passed by this Court in CRP No. 65 of 2009.