A court may direct that objections regarding the maintainability of a suit be decided via a speaking order before proceeding to hear interlocutory applications such as injunctions.

THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are challenging the order dated 3.7.2026 in I.A.No. 3/2026 in O.S.No. 288/2023 passed by the Munsiff Court, Ottappalam, by which an application filed by the respondent herein for impleadment stands allowed.

2. The respondent contended that he was also a member of the 1st petitioner society and that he is the brother of the deceased original plaintiff. Though the impleadment was opposed, by the order impugned, the same was allowed by the Trial Court holding that the original plaintiff had filed the suit in a representative capacity and that it was not disputed that the respondent was a member of the 1st petitioner society.

3. I do not find anything wrong in the reasoning given by the Trial Court in the impugned order to interfere with the impugned order in this Revision. However, the learned counsel for the petitioners points out that, earlier, this Court, by judgment dated 1.4.2026 in OP(C). No. 929/2026, had directed the Munsiff Court to consider and pass orders in I.A.No.1/2023 in O.S.No.288/2023, the injunction application, within one month.

4. The learned counsel for the petitioners submits that since the original plaintiff died, the said direction in the Original Petition has not been complied with so far. The learned counsel submits that, though he has raised a question of maintainability of the suit, the same has not been considered and that the same has to be done before considering the injunction application preferred by the original plaintiff and which is now being pursued by the impleaded respondent.

5. I see no reason why the contention of maintainability of the suit raised by the petitioners will not be considered first. The Trial Court will consider the said objection and pass a speaking order on the same before considering the injunction application preferred by the plaintiff.

Subject to the above, the Revision Petition is dismissed.