NAIR SERVICE SOCIETY Vs. KOTTUKAL KRISHNAKUMAR

JUDGEMENT

(1.) This Original Petition is preferred by respondents 1 to 4 in IA No.1 of 2023 in an Unnumbered Original Suit of the year 2023 before the Sub Court, Kottayam. The respondents herein are the petitioners and the remaining respondents in the said Original Suit.

(2.) The suit was originally instituted by respondents 1 to 4 herein, seeking for a declaration that the amendments made to the Memorandum and Articles of Association of the 1st defendant, Nair Service Society (NSS), after 1950s are illegal, null and void; and interalia seeking for the removal of trustees, settling a scheme and for other ancillary reliefs. Since the suit was filed under Sec.92 of the Code of Civil Procedure and the matter relate to grant of orders for framing a scheme and further directions under various Clauses of Sec.92 of the Code of Civil Procedure in respect of NSS, a public charitable trust. A suit of the nature contemplated under Sec. 92 of the Code of Civil Procedure mandatorily requires leave for which IA No.1 of 2023 was preferred in the unnumbered suit before the Principal Sub Court, Kottayam.

(3.) The petitioners herein preferred an objection in the counter affidavit in the suit stating that the interlocutory application was filed by one natural person and three unincorporated Associations as petitioners 1 to 4. The three unregistered Associations in the interlocutory application, who sought leave of the Court to institute the suit, are the Karayogams of NSS, which are only registered with the Registrar of Karayogams, a functionary under the NSS. Thereby they are neither natural persons nor statutory persons in accordance with any provision of law. The Karayogam can only be reckoned as an unincorporated Association. That will not satisfy the requirement of Sec.92 of CPC which mandates that leave shall be sought either by Advocate General or two or more persons having an interest in the Trust. "Two or more persons" contemplated under Sec. 92 CPC shall be natural persons.