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O.S No. 806/2021

Case between Ashish Kumar P.P et al vs Nair Service Society et al regarding declaration and recovery of money

Court
I Additional Munsiff Court, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-09-30
Duration
approximately-6 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, Ashish Kumar P.P and Sathyabhama V.R, are members of Mapranam Nilampathinji NSS Karayogam who filed a suit seeking a declaration and recovery of money against the Nair Service Society and its officials. The plaintiffs argue that the election held on 06/05/2018 was illegal due to improper amendments of the governing by-laws.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed as the court found the plaintiffs were barred from filing the suit due to an earlier case with a similar cause of action, and they failed to join necessary parties. The elections and by-law amendments were ruled valid.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the court found the plaintiffs were barred from filing the suit due to an earlier case with a similar cause of action, and they failed to join necessary parties. The elections and by-law amendments were ruled valid.
Key Reasoning:
The suit was dismissed based on Order II Rule 2 of the Code of Civil Procedure, indicating the claim was previously abandoned.
Why Defendant Won:
The suit was dismissed based on Order II Rule 2 of the Code of Civil Procedure, indicating the claim was previously abandoned.
Supporting Evidence
The suit is barred for non-joinder of necessary party.

Judgment Evidence:

In the result, the suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ashish Kumar P.P
Party Age
42
Relation
S/o
Party Role
Plaintiff
Party Name
Sathyabhama V.R
Party Age
42
Relation
W/o
Party Role
Defendant
Party Name
Nair Service Society represented by its Registrar
Party Role
Defendant
Party Name
The President, Nair Service Society
Party Role
Defendant
Party Name
The Secretary, Nair Service Society
Party Role
Defendant
Party Name
V.V.Sunil Kumar
Party Role
Defendant
Party Name
P.N.Satheesan
Plaintiffs Documents
Certificate copy of Byelaw of NSS Karayogam No. 5531, Mapranam, Nilampathinji, Certified copy of the notice issued by the Secretary conveying General Body meeting, Certified copy of letter issued by the Registrar NSS Karayogam.
Defendants Documents
Certified copy of the plaint in OS 550/18, Certified copy of written statements in OS 550/18.

Advocates

Party Role
Plaintiff
Advocate Name
S.R.K.Prathap
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sudha K.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jissmon A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sanal K.M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anup T Paul
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
To declare the election held on 06.05.2018 as illegal.
Evidence:
This relief is clearly one that could have been sought in O.S.550/2018, based on the cause of action that arose in that suit.
Relief Type: Recovery
Outcome: Refused
Description:
To recover all amounts spent by the managing committee from 06.05.2018 onwards.
Evidence:
In light of the finding above, as the relief of declaring the election is barred, no reliefs founded upon it could be granted.

Documents & Evidence

Document Type: Byelaw of NSS Karayogam
Submitted By: Plaintiff
Relevance:
Used to establish the legal framework governing the election and amendment of the managing committee.
Reference:
Ext.A1
Document Type: Notice of General Body Meeting
Submitted By: Plaintiff
Relevance:
Provided evidence of the agenda for the meeting where the amendment was proposed.
Reference:
Ext.A2
Document Type: Letter of Approval from Registrar
Submitted By: Plaintiff
Relevance:
Showed the approval of the amendment reducing the strength of the managing committee.
Reference:
Ext.A3
Document Type: Approval Letter for Election
Submitted By: Plaintiff
Relevance:
Documented the registrar's approval of the election that was conducted.
Reference:
Ext.A4
Document Type: Minutes of the meeting
Submitted By: Plaintiff
Relevance:
Recorded the details of the general body meeting where the amendments were discussed.
Reference:
Ext.A5
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Part of the plaintiffs' evidence in showcasing their grievances.
Reference:
Ext.A7
Document Type: Application from Members
Submitted By: Plaintiff
Relevance:
Indicated the support of 16 members regarding the issues raised.
Reference:
Ext.A9
Document Type: Plaint in OS 550/18
Submitted By: Defendant
Relevance:
Provided context regarding a previous suit related to the same parties.
Reference:
Ext.B1
Document Type: Written Statement in OS 550/18
Submitted By: Defendant
Relevance:
Included various defendants' responses to the previous suit.
Reference:
Exts.B2 to B5
Document Type: Judgment in OS 550/18
Submitted By: Defendant
Relevance:
Details regarding the dismissal of the earlier suit, significant for the present case.
Reference:
Ext.B6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Improper election procedures
Case Code
Case between Ashish Kumar P.P et al vs Nair Service Society et al regarding declaration and recovery of money
Case Code Year
Case between Ashish Kumar P.P et al vs Nair Service Society et al regarding declaration and recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 10/30/2021 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
80%

Involved Entities

Nair Service Society

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