T K SADANANDAN Vs. SNDP YOGAM

JUDGEMENT

(1.) Aggrieved by the concurrent finding rendered by the Trial Court (Munsiff's Court, Pathanamthitta) in O.S.NO.21/1987 and by the First Appellate Court (District Court, Pathanamthitta) in A.S.No.32/2002, the plaintiffs came up with this appeal.

(2.) The following substantial question of law raised at the time of admission of this appeal :

(3.) But none of these questions would arise in this appeal as the cause of action for the suit was subsequently became non est due to the decision taken by the plaintiff Sakha Yogam. The cause of action for the suit stated to be Ext.A13 resolution/minutes passed by the plaintiff for instituting a suit against the SNDP Yogam in a representative capacity by the president and secretary of the plaintiff Sakha Yogam. Later on the plaintiff Sakha Yogam passed a resolution to withdraw the suit and elected new president and secretary thereby the representative locus standi vested with the earlier president and secretary to institute and proceed with the suit was taken away. But the then president and secretary overlooking the resolution passed by the plaintiff Sakha to withdraw the suit and election of new president and secretary, proceeded with the suit without any authority either as president or as secretary. PW1 had admitted passing of a resolution on 20.10.1991 by the general body of plaintiff Sakha Yogam and election of new office bearers as president and secretary. The newly elected president and secretary were authorised to withdraw the suit based on the resolution. It is so unfortunate and unheard of that even after the resolution dated 20.10.1991 for withdrawing the suit and election of new president and secretary, the former president and secretary proceeded with the suit overlooking the provisions contained in the Code of Civil Procedure especially Order XXIII C.P.C. In the said circumstance, the following questions also taken up for consideration :-