BROTHERS CHITTY FUND Vs. JACOB MATHEW

JUDGEMENT

(1.) This appeal is filed against the judgment in A.S. No. 80 of 1992 of the District Court, Pathanamthitta. O.S. No. 29 of 1991 is a suit against which A.S. No. 80 of 1992 was filed. The suit was filed for settlement of accounts.

(2.) There are three plaintiffs in the suit. Defendants are two chitty funds. According to the plaintiffs, they had money transactions with defendants 1 and 2. Foreman of the first defendant by name George had given the amounts and got executed documents including mortgage, pronote, etc. The main plank of attack in the plaint is that the documents were executed not voluntarily but also on coercion and undue influence exerted by foreman. It is also stated that some of the debts were discharged. Further, it is stated that the defendants have filed suits against the plaintiffs. But according to the plaintiffs, since many of the documents are forged, amounts are not due under those documents by the plaintiffs. Therefore they pray that accounts be taken as to actual amount due from the plaintiffs to the defendants.

(3.) The defendants filed written statement under which they had denied the allegations made by the plaintiffs. They also raised the contention that the suit for accounts is not maintainable. The Trial Court, on an appreciation of the facts, held that the suit is not maintainable and dismissed the suit. On appeal, learned District Court took the view that the suit for accounts is maintainable and remitted the suit back to the Trial Court. It is in the above circumstances that the present C.M.A. has been filed.