SIVADASAN Vs. SURENDRAN

JUDGEMENT

(1.) THE suit in essence is one to set aside a document executed by Sree Narayana Dharma Paripalana Yogam. The petitioner who is the first defendant in the suit contends that the suit is not maintainable for the following reasons. i) Sree Narayana Dharma Paripalana Yogam is a company registered under the Companies Act and therefore the plaintiff being a member has to work out his remedies under the Act itself. ii) Sree Narayana Dharma Paripalana Yogam has not been made a party to the suit and defendant Nos. 1 and 2 have been impleaded only in their personal capacity.

(2.) THE petitioner has raised these pointed questions in an application filed under Order XIV Rule 2 of the Code of Civil Procedure. I direct the Court of the Munsiff of Aluva to consider I.A No.1031/2012 in O.S No.265/2010 pending on its file within a period of one month from the date of receipt of a copy of this judgment.