K.P.MATHAIKUNJU Vs. KUKRIACHAN K.K.

JUDGEMENT

(1.) C.R.P.132/2018 is filed by the defendants 3 and 5 to 7 on the files of the First Additional District Court, Ernakulam, challenging the order dated 9.3.2017 in O.S.No.20/2013 deciding the issue Nos.1 & additional issue No.8 which relates to maintainability. The said issues are found against the defendants and the suit is found as maintainable.

(2.) CRP 154/2018 and CRP 155/2018 are filed by the additional defendant Nos.9 and 10 who filed an application to reject the plaint as not maintainable and also alleging that there is no cause of action. It can be seen that as this aspect is also intrinsically connected with the question of maintainability, these revision petitions are also heard along with CRP 132/2018.

(3.) One of the contentions raised by the learned senior counsel is that the suit is barred under Section 47 of CPC. The stand of the defendants is that the relief claimed by the plaintiffs for implementation of 1934 constitution is a question that arises in "execution, discharge and satisfaction" of the decree of the Hon'ble Supreme Court of India as formulated in Most Rev. P.M.A. Metropolitan & Ors. etc. v. Moran Mar Marthoma Mathews & Anr. Etc. [AIR 1997 SC 1035] followed by election of office bearers of the said Church in 2002. What is sought in this suit, is to implement the decision of Hon'ble Apex Court in its decree and thereon the suit is barred under Section 47 of CPC. The second point is that, the suit seeking relief in favour to a third party is not maintainable under Section 92 of CPC.