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2017 Supreme(Ker) 1149

P.N.RAVINDRAN, A.M.BABU
Muslim Association – Appellant
Versus
Meeran Maluk Mohammed S. S/O. Syed Kannu – Respondent


Advocates Appeared:
For the Petitioner:Sri. Liju. V. Stephen and Smt. Indu Susan Jacob, Advocates
For the Respondent:Sri. P.B. Krishnan, Advocate

ORDER :

A.M. Babu, J.

The order challenged in the appeal was set aside.

The case was remanded for fresh disposal. That judgment is sought to be reviewed.

2. The parties are referred to in this order as they are shown in the memorandum put in to seek review of the judgment.

3. The respondents sought leave of the principal civil court of original jurisdiction to institute a suit against the petitioners to seek reliefs within the purview of Section 92 of the Code of Civil Procedure (for short CPC). The first petitioner is an association of persons registered under Act XII of 1955. Its office bearers are the other petitioners. The respondents are life members of the association. They are at present members of its executive committee. Grant of leave was opposed by the petitioners. They contended that the first petitioner was never a trust. That contention was accepted by the district court. The original petition seeking the leave was dismissed.

4. The respondents had filed two applications before the court below. One was I.A.No.23 of 2017 to amend the original petition. The other was I.A.No.22 of 2017 for a direction to the petitioners to produce documents. The amendment was sought to have be





















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