C R RAMAKRISHNAN Vs. RAMAN

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff in O. S. 190 of 1975 on the file of the Subordinate Judge, Trichur against the dismissal of the suit with costs. The suit was originally filed against nine defendants.

(2.) INNUMERABLE cultivators are cultivating fields in pallipuram Alappat Kadum Krishi Padavu in Trichur District. It appears, they formed a padavu committee to attend to the major items of work regarding the padavu. The plaintiff advanced Rs. 17,000/- to the committee on four different occasions as per an oral karar whereunder the amount with interest at 121/2 percent per annum was agreed to be repaid. Rs. 4,000/-was repaid on two different occasions and for the balance amount due the suit was filed, since" Ext. A2 notice sent to the members of the committee was of no avail. Defendants 1 to 9 are the President, Secretary, Treasurer and members of the committee respectively. They are dealing with the properties of the committee and are liable to repay the amounts due. Plaintiff is entitled to recover the amount due from out of the properties of the committee and if found necessary, from the defendants and their properties. On the death of the Ist defendant, defendants 10 to 12 were impleaded as his legal representatives.

(3.) THE trial court held that the provisions of Order I r. 8 CPC. have been complied with, that the amount claimed in the plaint was actually due and that the suit was barred by limitation in so far as the cultivators of the padavu except defendants 1 to 9 were concerned. THE trial court also took the view that therefore a decree cannot be granted in favour of the plaintiff since defendants cannot represent all the cultivators and the persons liable to pay to the plaintiff were the cultivators of the padavu. Accordingly, the suit was dismissed with costs of the defendants. This decree is challenged in the present appeal.