VENKITASUBRAMONIA IYER Vs. VENKITARAMA IYER

JUDGEMENT

(1.) This is a revision by the plaintiff in a small cause suit against the order of the learned Subordinate Judge, Palghat dismissing his application for leave to amend his plaint.

(2.) The plaintiff's suit originally was for recovery of a sum of Rs. 720/- from the defendant in his capacity as President of a Village Community Project and out of the funds of the Society in his hands as President on the ground that the Committee of the Vilayannur Village Community Project through its President the defendant entrusted certain items of work to the plaintiff. It was further alleged that the Government has put the defendant as President of the Community Project with the necessary funds and that the President has also made some collections from the public and that both these monies are with the defendant as President. The relief also was to direct the defendant as President of the Vilayanur Village Community Project to pay the amount do to the defendant from and out of the funds in his hands.

(3.) The defendant contested the claim on several grounds namely, that the plaintiff had committed breach of agreement and that he has not also completed the work in time Another substantial contention raised by the defendant was that the suit is not maintainable as the Society of which he is the President is an unregistered Society.