SAILAPPAN Vs. SUBRAMANIAN

JUDGEMENT

(1.) Challenge in this civil revision petition is made to the fair and decreetal orders, dated 14.07.2006, passed in I.A.No.119 of 2005 in O.S.No.15 of 2005, on the file of the Subordinate Court, Ambasamudram.

(2.) The parties are referred to as per the rankings in the suit.

(3.) The plaintiff laid the suit, in O.S.No.15 of 2005, against the defendants in the representative capacity stating that they are representing the Yadhava Community of Pappakudi Village and accordingly, claiming that the suit has been laid against them on the basis that they are the representatives of the abovesaid community and also the members of the Yadhava Society of Pappakudi Village. The abovesaid suit has been laid by the plaintiff seeking for recovery of money due to him, on the basis of the promissory note, dated 16.05.2002, said to have been executed by the defendants for themselves as well as on behalf of the Yadhava Community of Pappakudi Village and contending that the amount had been borrowed from him and another person, by name, Mahalingam Asari, for the purpose of improving the Marriage Hall and also to rectify the repair works of the said Marriage Hall constructed on behalf of the Yadhava Community. Inasmuch as the said suit had come to be laid by the plaintiff against the defendants in the representative capacity, it is seen that the plaintiff, along with the plaint, has also preferred, I.A.No.119 of 2005, under Order I Rule 8 of the Code of Civil Procedure, and briefly stated, in the abovesaid application also, the plaintiff has averred that the suit has been laid, on the basis of the promissory note, for the recovery of the amount and that the defendants are the President, Secretary and Treasurer respectively of the Yadhava Community of Pappakudi Village and the Marriage Hall had been constructed for the benefit of the Yadhava Community and the defendants were instrumental for the Marriage Hall and accordingly, for completing the same, as well as to make the improvements, according to the plaintiff, the defendants borrowed Rs.4,00,000/- from him on 16.05.2002, however, no amount had been repaid by the defendants and when the plaintiff insisted for repayment, according to the case of the plaintiff, the defendants had executed another promissory note, on 08.05.2002, in his favour for a sum of Rs.2,00,000/- and another promissory note in favour of the said Mahalingam Asari and further claiming that though the defendants had assured that they would repay the borrowed sum within twenty days, however, did not honour the promise and evaded the repayment and inasmuch as there are 500 contributors in the Yadhava Community of Pappakudi Village, the plaintiff was unable to levy the suit against all the people of the Yadhava Community and inasmuch as the defendants borrowed the abovesaid sum for the benefit of the Yadhava Community and the Marriage Hall has also been constructed only for the benefit of the abovesaid Community and furthermore, as the Yadhava Society is not a registered Society, accordingly, further claiming that there is no conflict of interest between the defendants and the Yadhava Community People of Pappakudi Village and the defendants continued to function as the office bearers of the abovesaid Society, accordingly, sought for permission to sue the defendants in the representative capacity of the Yadhava Community of Pappakudi Village.