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1956 Supreme(Ker) 18

NANDANA MENON, KOSHI
Chennamangalam Vala Samajam – Appellant
Versus
Bhagavathy Devaswom – Respondent


Judgment :-

1. The plaintiff's suit to enforce payment of the amounts due to him as purchaser of the rights of a non-prized subscriber in a kuri conducted by Valiakulangara Bhagavathy Devaswom, represented by defendants 1 to 5 by enforcement of the security bond executed by the Devaswom, in favour of the entire body of the subscribers to the kuri has been dismissed by the learned Temporary Additional District Judge of Anjikaimal on the ground that the suit was barred by limitation. The question of limitation was dealt with as a preliminary point and the finding on that issue being adverse to the plaintiff, the suit was dismissed. Hence this appeal.

2. The suit was originally filed before the Crangannur District Munsiff's Court on 20th Dhanu 1124. In conformity with a line of decisions of the Cochin High Court other non-prized subscribers were also made parties to the suit giving them the freedom, if so advised, to put forward their claims, if any, against the joint security and the starters. Some of the non-prized subscribers entered appearance, filed written statements and paid court-fee on the respective amounts of their claim. It was then found that the total value of the claims







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