JUDGMENT

Dated this the 31st day of January, 2022 Petitioner is the plaintiff in O.S.No.50 of

2015 on the files of the Munsiff's Court, Chengannur. The petitioner has filed the suit in his capacity as a member of the first defendant Karayogam, a constituent of the Nair Service Society. As per the averments in the plaint, the affairs of the Karayogam is administered by an elected committee. Defendants 2 to 4 were the office bearers of the committee during the period 1996-2011. During their tenure, a sub-committee by name 'Keecherimel Palliyoda Nirmana Samithi' was constituted with the objective of constructing a Palliyodam for the first defendant Karayogam. The committee members, including defendants 3 and 4 indulged in various acts of misappropriation under the guise of construction of Palliyodam. As per the decision of the general body of the first defendant Karayogam, a Chartered Accountant audited the accounts of the Palliyoda Nirmana Samithi and found that an amount of Rs.1,19,700/- had been misappropriated. Thereupon, the general body took a decision to file a civil suit as well as criminal cases, against defendants 3 and 4. The second defendant, who was the Secretary of the committee did not act in accordance with the general body decision. Hence the suit is filed for and on behalf of the first defendant Karayogam, seeking to recover an amount of Rs.1,62,792/- from defendants 3 and 4 and their assets.

2. Along with the suit, the petitioner moved an application for injunction (I.A.No.229 of 2015), seeking to restrain the second defendant from initiating proceedings for conducting election to the committee of the Karayogam. The second defendant entered appearance in the interlocutory application and filed an affidavit, undertaking that election to the committee will not be conducted without obtaining the court's permission. Based on the undertaking, the temporary injunction sought by the petitioner was granted. Later, the additional 5th respondent herein filed an application for getting impleaded in the suit as I.A.No.852 of 2015, in his alleged capacity as Convener of the ad-hoc committee in administration of the first defendant Karayogam. According to the 5th defendant, even at the time of institution of the suit, the Karayogam was being administered by the elected committee. Even though the term of that committee expired on 07.01.2015, the second defendant, who was the secretary of the Karayogam, refused to take steps for conducting election of new office bearers to the committee, despite directions in that regard being issued by the NSS Taluk Union. This resulted in the Registrar of NSS Karayogam taking over administration of the first defendant for a period of one year dated 23.03.2015. Thereafter, a seven member ad-hoc committee was appointed to conduct the day-to-day affairs of the Karayogom and the two temples under its management. The 5th respondent was nominated as the Secretary of the ad-hoc committee. As the suit is filed by the petitioner in collusion with the second defendant, it is necessary to implead the ad-hoc Committee-in- office as additional defendant. 3. Despite serious objections raised by the petitioner, the trial court allowed the prayer for impleadment. Thereupon, the petitioner filed Ext.P3 application seeking review of that order. The petitioner also filed Ext.P4 application for appointing an Auditor as Commissioner to audit the accounts of the first defendant Karayogam for the period from 1996 to 2011. By the impugned common order, the trial court dismissed both applications. Hence, this original petition.

4. Learned Counsel for the petitioner made the following submissions;

The trial court had passed the injunction order on 24.03.2015. On coming to know about the injunction order, the 5th respondent, with the active connivance of the Registrar of NSS Karayogam, got a predated order issued, making it appear that administration of the Karayogam was taken over by the Registrar and an ad-hoc committ