KARUNAKARAN Vs. BHASKARA PANICKER

JUDGEMENT

(1.) THE suit, O. S. No. 9 of 1992 was filed before the Court of Munsiff, Chavakkad with prayers (a) to (n). The dispute is regarding the administration of Guruvayoor Devaswom. The 8th defendant, in the written statement has stated that the suit is not maintainable in view of S.92 of CPC. In Para.4 of the written statement, a vague plea also is taken by him that the suit is not maintainable as the Devaswom committee was acting bona fide. On the basis of the contentions between the parties, issue was framed regarding the maintainability of the suit. The issue was decided in favour of the plaintiff, holding that the suit is maintainable as it will not attract S.92 of CPC. There was no consideration whether the suit was maintainable in view of S.29 of the Guruvayoor Devaswom Act.

(2.) THE issue framed in the suit regarding maintainability does not reflect whether the issue is framed basing on the contentions raised under S.92 of CPC, and / or S.29 of the Guruvayoor Devaswom Act. It is the duty of the court to frame issues and the issues should reflect the real controversy between the parties., The main grievance of the revision petitioner, who is the 8th defendant is that S.29 of the Guruvayoor Devaswom Act which deals with the maintainability of the suit was totally left unconsidered by the court below while answering the issue. He also contended that in the nature of the pleadings in the plaint and the prayers, the suit will come under S.92 CPC.

(3.) ON hearing the counsel on both sides I am of the view that the court below was not justified in not framing a proper issue regarding the maintainability of the suit. In the absence of a proper issue, the court below was disabled from considering the real point of controversy regarding the maintainability of the suit. Hence, the impugned order is set aside. The matter is remanded to the court below. The court below will recast the issue regarding the maintainability as follows, "whether the suit is maintainable in view of S.92 of the CPC. and or S.29 of the Guruvayoor Devaswom Act" and thereafter will consider the issue afresh after affording reasonable opportunity to the parties to address the arguments. As the suit is of the year 1992, an expeditious consideration of the preliminary issue is called for. The court below will answer the preliminary issue regarding the maintainability after carrying out the direction referred above, within one month from the date of receipt of a copy of this order. The CRP is disposed of as above.