DEVAN RAMACHANDRAN, J.

1. A suit stands dismissed by the trial court as being not maintainable, against which this appeal has been made before this court - A rather ubiquitous scenario which appear quotidian.

2. However the appellant alleges that the suit was so dismissed by the court below even though no issue as to maintainability had been framed and though the defendants in the suit had not requisitioned such issue to be framed. The appellant alleges that the suit was tried without such an issue being framed and, therefore, that the court below has erred in condemning the suit as being not maintainable.

3. The plaintiff in a suit filed for injunction and damages is the appellant in this appeal.

4. The appellant filed O.S.No.18 of 2007 on the files of the Sub Court, Pathanamthitta claiming that his machinery, which includes a copra drying unit, that was permitted to be installed in the premises of the holy Sannidhanam of the Sabarimala Temple by the Travancore Devaswom Board (for short 'the Board'), was being attempted to be removed forcefully and that in such process he had sustained certain amount in loss and damage. Essentially on such allegations, the suit was institute