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2009 Supreme(Ker) 845

HARUN-UL-RASHID
Employees Kuries Ltd. – Appellant
Versus
O. J. Claramma – Respondent


Advocates Appeared:For the Petitioners:----For the Respondents:K. Radhakrishnan (Sr.), Advocate.

Judgment :

Plaintiffs in O.S.Nos.1062/92 and 1056/92 on the file of the IInd Additional Sub Court, Thrissur are the appellants in these appeals. Plaintiff in both suit is same Kuri Company. Defendants 1 and 2 in both suits are also same persons. Both suits are for realisation of money. The trial court held that the suit is not maintainable and that the said court has no jurisdiction to try the suit and further held on merits that the plaintiff is not entitled to realise the amount claimed in the plaint. Aggrieved by the decree and judgment, the plaintiffs have preferred these appeals.

2. The facts in both suits are same. The lst defendant in both cases had joined one ticket in the monthly kuri conducted by the Bangalore Branch of the plaintiff-Company from 8/2/1988. The lst defendant in both suits had bid the kuri at the auction. The kuri amount was subsequently paid to the lst defendant in the suits on executing a kuri security bond on 6/9/1988 assuring the payment of future kuri subscriptions. It is averred that later the defendants committed default of payment of kuri subscriptions from the month of October 1989. The plaintiff issued notice to the defendants demanding the amount



























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