KATHIRUKUNJU THANGAL KUNJU Vs. MOHAMMED KUNJU

JUDGEMENT

(1.) Revision is against an order appointing an advocate Commissioner in the suit O.S. No. 154 of 1991 on the file of the Sub Court, Kottarakkara. Revision petitioner is the third defendant in the suit and the third counter petitioner in I.A.No.14 of 1992 filed by the respondents plaintiffs in the suit.

(2.) The suit is one for a declaration that defendants 1 to 19 are not entitled to function as members of the executive committee of the Kunnicode Muslim Jama Ath and that defendants 1 to 3 are not entitled to function as President, Vice President and Secretary of the Jama Ath and for their removal from the office. There were two more main prayers in the plaint: one for appointment of a Commissioner for conducting election of a General Committee, Executive Committee and new office bearers and another for directing defendants to render accounts and for realisation of amounts found due from them to the Jama Ath. There were some other incidental reliefs also in the plaint.

(3.) Along with the plaint, plain tiffs filed I.A.No. 14 of 1992 on 6-1-1992 praying for appointment of an advocate Commissioner for inspecting the Account Books, Minutes Books, Registers and other Records like counter foils of receipts etc. maintained by the Jama Ath and preparing a mahazar regarding their present stage and condition after putting the Commissioner's initials on each page of the account books. The revision petitioner filed objection to the said application for himself and on behalf of other defendants also. It was contended inter alia that the suit is not maintainable and as such I.A. No. 14 of 1992 also is not maintainable and liable to be dismissed without going into the merits.