NAIR SERVICE SOCIETY Vs. JNANA ASHRAM

JUDGEMENT

(1.) This appeal arises from a suit filed by the respondent/plaintiff before the Sub Court, Thrissur, more than 3 decades ago. The suit was decreed on 03.08.1992 [except declining the relief in respect of a fixed deposit of Rs. 43,000.00], by granting the declaration as sought for, injunction and also direction for rendition of accounts in connection with the affairs of Sree Vyasa NSS College, Wadakkancherry.

(2.) The plaint was instituted, on behalf of a Trust [as claimed to be] known as 'Jnana Ashram Trust', contending that the conveyance effected as per Ext. A4 dated 06.12.1973 was an instance of 'fraud', having added/manipulated the word 'forever' in Ext.A4 registered Deed of Transfer, which was not there in Ext. A2 Draft agreement executed in the month of June, 1971 and hence that the bar of 'limitation' would not be attracted by virtue of Sec. 10 and Sec. 17 of the Limitation Act. The suit was decreed, despite the specific contentions in the written statement as to the 'locus standi' of the person who signed the plaint, to represent the Trust, and in spite of the lack of evidence as to the 'fraud' alleged and further, without properly adverting to the plea of 'limitation' and hence the challenge.

(3.) Though the 'valuation' in the suit was shown as less than Rs. 1 lakh, a learned Single Judge of this Court, presumably considering the importance of the matter, referred the appeal to be considered by a Division Bench, as per order dated 27.11.1992. Years later, when the matter was taken up for final hearing, objection was raised by the respondent as to the hearing of the matter by the Division Bench. After hearing both the sides and considering the mandate of Sec. 4 (1) of the Kerala High Court Act, 1958, providing powers to the Division Bench to deal with all matters over which the power of the High Court can be exercised by a Single Bench, the objection was turned down as per order dated 01.06.2010 passed by the Bench.