CHELOOR KSHETHRA SAMRAKSHANA SAMITHI Vs. P.SHAJU

JUDGEMENT

(1.) RESPONDENT is served, there is no response.

(2.) THE appeal arises from judgment dated 07.09.2012 in A.S.No.127 of 2010 of the third Additional District Court, Kozhikode. Learned District Judge allowed the appeal by way of remand, set aside the judgment and decree in O.S.No.437 of 2010 of the Additional Munsiff's Court, Kozhikode-II and directed that Court to decide the suit afresh after giving the respondent/plaintiff opportunity to amend the plaint.

(3.) RESPONDENT /plaintiff filed O.S.No.437 of 2010 for declaration of right of way through the plaint B schedule and for consequential injunction. The suit was filed with leave under Rule 8 of Order I of the Code of Civil Procedure (for short, "the Code"). The appellants contended, interalia that the suit is not maintainable for the reasons that property through which the respondent has claimed right of access belonged to the deity which is not made a party in the suit and since the appellants are not impleaded in the suit in the way required by the provisions of the Societies Registration Act (for short, "the Act").