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1989 Supreme(Ker) 7

RADHAKRISHNA MENON
SUKUMARAN – Appellant
Versus
KADAKAVOOR O. A. DEVASWOM – Respondent


Judgment :-

1. The plaintiff in a suit for damages is the revision petitioner.

2. The first respondent (the first defendant) admittedly is a Society registered under S.5 of The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, Act 12 of 1955, for short The Societies Registration Act. Respondents 2 and 3 respectively are the President and Secretary of the Society. They have been impleaded in the suit (as defendants 2 and 3) as persons competent to represent the Society.

3. The petitioner filed I. A. 423/88 under 0.1 R.8 read with S.151 CPC. seeking permission to give notice of the institution of the suit to the members of the managing committee by public advertisement as personal service on them, it is said, was not reasonably practicable. This application has been dismissed by the order under challenge.

4. The short question arising for consideration is, Is it necessary at all to have notice of institution of the suit given, either to the members of the managing committee or to the members of the Society registered under The Societies Registration Act, the first defendant also leave alone notice by public advertisement within the meaning of 0.1 R.






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