THIRUNELLOOR SREEVISAKHAPURAM DEVASWOM Vs. CHACKOCHAN

JUDGEMENT

(1.) This appeal arises from the order passed by the Court of the Additional District Judge - III, Alappuzha on 09/06/2017 in I.A. No. 413 of 2017 in A.S. No. 40 of 2014 which in turn arose from the decree and judgment passed by the Court of the Subordinate Judge of Cherthala in O.S. No. 175 of 2010. The appellant is the defendant therein. The brief facts of the case are as follows:

(2.) The respondent herein as plaintiff instituted O.S. No. 175 of 2010 in the Court of the Subordinate Judge of Cherthala praying for a decree allowing him to realise from the defendant devaswom, the sum of Rs.1,03,500.00 together with interest and costs. He had in the plaint averred that he had on 12/05/2004 deposited in the festival fund of the defendant devaswom, the sum of Rs.1,00,000.00 and the defendant had issued a receipt for the same. It is stated that later, the defendant received the sum of Rs.30,000.00 on 13/03/2007 and a further sum of Rs.20,000.00 on 16/12/2007 from the plaintiff as deposit. The plaint proceeds to state that though the sum of Rs.50,000.00 was paid back on 24/02/2005, in spite of demands, the defendant devaswom has not repaid the balance sum of Rs.1,00,000.00. The plaintiff had in the plaint claimed the sum of Rs.1,03,500.00 comprised of the sum of Rs.1,00,000/- and interest thereon at 12% per annum from Sept., 2010 till the date of the plaint, together with future interest on the sum of Rs.1,03,500.00 at 12% per annum from the date of suit till realisation, as also the costs of the suit.

(3.) Upon receipt of summons, the defendant devaswom entered appearance and filed a written statement resisting the suit. The defendant denied having received the sum of Rs.1,50,000.00 from the plaintiff. After the defendant filed its written statement, the plaintiff filed I.A. No. 1396 of 2011 under Order XI Rules 1 and 15 read with S.151 of the Code of Civil Procedure, for an order directing the defendant devaswom and its Secretary Sri. Raveendran to disclose the names of the new Secretary and Treasurer of the defendant devaswom and also to produce documents proving the election and assumption of office by the new Secretary and Treasurer. Such a relief was sought in view of the averment in the written statement that Raveendran and Sivadasan who are described in the plaint as the Secretary and Treasurer respectively of the defendant devaswom, are not the Secretary and Treasurer of the defendant devaswom.