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1990 Supreme(Ker) 101

RADHAKRISHNA MENON
Knanaya Catholic Congress – Appellant
Versus
Biju Uthup – Respondent


Judgment :-

1. The revision petitioner filed I.A.42/90 in O.S.923/89 before The Additional Munsiffs Court, Kottayam to get himself impleaded as additional third defendant in that suit. This petition stands dismissed by the order under challenge.

2. Facts relevant and requisite to decide the question, whether the petitioner is entitled to get himself impleaded as an additional defendant in the suit, can briefly be stated thus:- The petitioner is the Knanaya Catholic Congress having its head office at Kottayam. The Congress is the only laity and secular organisation of the Knanaya Catholic Community and as such responsible to protect the lay interest of the community at large. The Congress therefore is entitled to get itself impleaded as an additional defendant in the suit where the plaintiff has prayed for the issue of a mandatory injunction directing the defendants to issue to him the 'Vivahakuri' for the conduct his betrothal and marriage. The facts stated in the plaint in this regard are: The plaintiff is a Knanayite and as such he is entitled to get the "vivahakuri" to conduct his marriage. With that in view he approached the Vicar of the Holy Family Catholic Church but the Vicar










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