S. SRIDHARAN Vs. JOSHUA, TREASURER

JUDGEMENT

(1.) This Civil Revision Petition arises against the Order passed by the learned Principal Subordinate Judge at Coimbatore in I.A. No.1 of 2023 in O.S. No.594 of 2022, dtd. 2/7/2024. The Civil Revision Petitioner is the Defendant in the Suit.

(2.) O.S. No.594 of 2022 is a Suit for recovery of a sum of Rs.5,50,560.00 together with Interest at the rate of 18% per annum. The case of the Plaintiff is that the Defendant is an occupant of the Flat bearing No.307 in the Apartment Complex under the name and style "The Retreat by Mint Homes". As per the Resolution passed by the General Body, the Annual Maintenance for the Flat occupied by the Defendant was fixed at Rs.75,000.00 for the year 2019-20. It had to be paid on or before 1/10/2019. The Plaintiff alleged that despite the fact that the common amenities and other facilities like common lightings, common fittings, lift, water, power backup generators, sewage treatment, garbage picking by Corporation, park, play grounds, were being enjoyed by the Defendant, he failed to pay the dues from 2014 onwards. The Plaint proceeds, despite several requests made by the Plaintiff to the Defendant, the Defendant did not show any response. Being left with no other alternative, the Plaintiff came forth with the Suit.

(3.) On being served with the Summons, the Defendant took out an Application for rejection of Plaint. He pleaded that the Plaintiff has sued in his Personal capacity and has not produced the Bye-laws of the Association, in order to demonstrate before the Court that, the Treasurer of the Association is entitled to file the Suit. He further alleged that the Plaint has not been filed by the Association nor by the President, but by an individual and hence, the Suit is not maintainable and it is liable to be rejected.