JUDGMENT

Dated this the 9^th day of October, 2024

The respondents in this CRP had filed I.A No. 391 of 2015 in unnumbered O.S…. of 2015 under Section 92 read with Section 151 of the C.P.C seeking leave before the Court for instituting a suit. The application was filed contending that a clarification is required with respect to the membership in the society and conduct of election. A relief of mandatory injunction is also sought to issue membership to all adult Hindu believers living in the sphere of activity and a prohibitory injunction restraining the defendants from announcing the date of the election.

2. The petitioners herein filed an objection to the said petition, contending that the Court had no jurisdiction to entertain the case. He relied on Section 25 of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (for short ‘the Act, 1955’). He contended that the suit cannot be filed under Section 92 C.P.C. It should have been filed under of the Act, 1955. The learned Sub Judge heard the plaintiffs and defendants and held that the leave is to be granted to institute a suit. Aggrieved by the said order, the defendants have come up with thi