In this appeal brought at the instance of the plaintiff from the judgment and decree of Additional Sub Court, Ernakulam question for a decision is whether that court has jurisdiction to try the suit. Learned Sub Judge held that in view of Section 64 of the Central Chit Funds Act, 1982 (for short, "the Act") that court has no jurisdiction and consequently dismissed the suit.

2. Appellant-plaintiff claimed that it had started a Kuri from its branch at Bangalore. Respondent-defendant No.1 joined that Kuri and prized it on 3.4.1988. He received the amount and executed agreement along with respondents 2 and 3 undertaking to pay the future instalments without default. As per that agreement, respondents were liable to pay interest at the rate of 12% per annum in case of default in payment of future instalments. Alleging that respondent No.1 defaulted payment from 3.8.1992 onwards appellant laid the suit in the Second Additional Sub Court, Ernakulam for recovery of future instalments with interest. Respondents contended inter alia, that the court has no jurisdiction to try the suit in view of Sec.64 of the Act. Learned Sub Judge accepted that contention and dismissed the suit.

3.