IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 2562 of 2009(E) ------------------------- AGAINST THE ORDER DATED 20/09/2008 IN IA 447/2008 IN OS.1/2008 of D.C.& SESSIONS COURT,THODUPUZHA .................... PETITIONER(S): PETITIONERS IN IA-PLAINTIFFS IN THE SUIT: ------------------------------------------------------------------------------------------ 1. ATHULYA CRICKET CLUB (REG. NO. 1-103/08) NEDIYASALA, REP. BY ITS SECRETARY V.R. BIJU, S/O. RAJAPPAN NAIR, VALIYAVEETTIL HOUSE, KOLANY P.O., THODUPUZHA, IDUKKI DISTRICT. 2. DEVDHAR CRICKET CLUB (REG. NO. 1-104/08) VADAKKUMURI REPRESENTED BYITS SECRETARY, P.A. VINOD, S/O. AYYAPPAN PILLAI, PUTHUKOLIL HOUSE, MUTHALAKODAM P.O., THODUPUZHA. BY ADV. MR.S.JAMES VINCENT RESPONDENT(S): CR.PETITIONERS IN IA-DEFENDANTS IN THE SUIT: ------------------------------------------------------------------------------------------------------- 1. IDUKKI DISTRICT CRICKET ASSOCIATION, THODUPUZHA, REPRESENTED BY ITS HONORARY SECRETARY. B. VINOD, S/O. BALAKRISHNAN NAIR, MADATHIPARAMBIL RIVER VIEW ROAD, THODUPUZHA P.O., IDUKKI DISTRICT. 2. KERALA CRICKET ASSOCIATION , REPRESENTED BY ITS SECRETARY, T.C. MATHEW, K.C.A. COMPLEX, SASTHAMKOVIL ROAD, THYCADU P.O., THIRUVANANTHAPURAM -14. 3. THE SECRETARY, IDUKKI DISTRICT DISTRICT SPORTS COUNCIL, THODUPUZHA. 4. RENGAKELI CRICKET CLUB, VENGALLOOR THODUPUZHA, REP. BY ITS SECRETARY R. RAMESH, PULLAMPARA MADAM, THODUPUZHA VILLAGE, THODUPUZHA P.O. Kss ..2/- ....2...... WPC.NO.2562/2009 E 5. THE SECRETARY, JAI HIND LIBRARY, MUTHALAKODAM P.O., THODUPUZHA. 6. MANAKADU CRICKET CLUB, MANAKADU P.O., THODUPUZHA, REPRESENTED BY ITS SECRETARY. 7. DIGITAL CRICKET CLUB, REVIEW ROAD, THODUPUZHA, REPRESENTED BY ITS SECRETARY. 8. PURAPUZHA CRICKET CLUB, REPRESENTED BY ITS SECRETARY, M.PADMANABHAN, KUDATHUMPADICKAL HOUSE, 9. ARIKUZHA CRICKET CLUB, ARIKUZHA P.O., THODUPUZHA REPRESENTED BY ITS SECRETARY. 10. KARIMANNOOR CRICKET CLUB, KARIMANNOOR P.O., THODUPUZHA, REPRESENTED BY ITS SECRETARY. 11. POORNIMA CRICKET CLUB, IDUKKI REP. BY ITS SECRETARY, P.J. JOSEPH, PAINAVU P.O., IDUKKI DISTRICT. 12. CAMMANDOZ CRICKET CLUB, KARIKODE, REP. BY ITS SECRETARY, K.P. NAJEEB KARAKUNNUMPURATHU HOUSE, KARIKODE P.O., THODUPUZHA. 13. ACQUA CRICKET CLUB, MUNDEKALLU, MANAKADU P.O., THODUPUZHA, REPRESENTED BY ITS SECRETARY. 14. MUTTOM CRICKET CLUB, MUTTOM P.O., THODUPUZHA REPRESENTED BY ITS SECRETARY. 15. M-SHARE (EDAVETTY C.C.) CRICKET CLUB, EDAVETTY P.O., THODUPUZHA, REPRESENTED BY ITS SECRETARY. 16. ST. JOSEPH'S (MOOLAMATTOM C.C.) CRICKET CLUB, MOOLAMATTOM, REPRESENTED BY ITS SECRETARY. Kss ..3/- ....3..... WPC.NO.2562/2009 E 17. NEELIMA CRICKET CLUB, (VETTIMATTOM C.C.) VETTIMATTOM, REPRESENTED BY ITS SECRETARY. 18. VIVIDS CRICKET CLUB, KALAYANTHANI, KALAYANTHANI P.O., THODUPUZHA , REPRESENTED BY ITS SECRETARY. 19. LAKOTIA CRICKET CLUB (COMPUTER CENTRE) THODUPUZHA, REPRESENTED BY ITS SECRETARY. 20. DEFENDER CRICKET CLUB, ELLUMPURAM, ELLUMPURAM P.O., MUTTOM, REPRESENTED BY ITS SECRETARY. R1 BY ADV.MR.SHAJI P.CHALY R2 BY ADVS. MR.A.V.THOMAS, MR.G.SHRIKUMAR, MR.JOJO GEORGE, MR.NIDHI SAM JOHNS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2562/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION AUTHORISING THE SECRETARY OF THE 1ST PETITIONER TO FILE WPC. P1(A): COPY OF THE RESOLUTION DTD. 12/01/2009 AUTHORISING THE SECRETARY OF THE 2ND PETITIONER TO FILE WPC. P2: COPY OF PLAINT IN O.S.NO.1/2008 OF THE DISTRICT COURT, THODUPUZHA. P3: COPY OF I.A.447/208 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, THODUPUZHA FOR AMENDMENT. P4: COPY OF THE OBJECTIONS FILED BY THE 1ST DEFENDANT ON 30/07/2008 TO I.A.NO.447/2008. P5: COPY OF JUDGMENT OF THIS HON'BLE COURT DTD.10/07/2008 IN WPC.NO.20851/2008. P6: COPY OF ORDER OF THIS HON'BLE COURT DTD. 19/08/2008 IN R.P.NO.877/2008. P7: COPY OF ARGUMENT NOTES FILED BY THE PETITIONER BEFORE THE DISTRICT COURT ON 1/09/2008. P8: COPY OF THE IMPUGNED ORDER OF THE DISTRICT COURT, THODUPUZHA DTD. 20/09/2008 ON I.A.447/2008 IN O.S.NO.1/2008. P9: COPIES OF PRESS REPORTS THAT APPEARED FROM 29/8/2008 TO 31/10/2008 (14 NOS.) IN VARIOUS DAILIES. P10: COPY OF I.A.16/09 FILED BY THE PETITIONER IN THE DISTRICT COURT IN O.S.NO.1/2008 FOR FURTHER AMENDMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.2562 OF 2009 () ----------------------------------- Dated this the 24th day of June, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to issue a writ of certiorari and quash Ext.P8 order, and allow Ext.P3 I.A.No.447/2008 for amendment of Ext.P2 Plaint in O.S.No.1/2008 of the District Court, Thodupuzha. ii. to issue a writ of mandamus directing the District Court, Thodupuzha to dispose of Ext.P10 I.A.No.16/2009 for amendment immediately. iii. To issue such other writ, direction or order which this Honourable Court deems fit and proper in the circumstances of the case. 2. Petitioners are the plaintiffs in O.S.No.1/2008 on the file of the District Court, Thodupuzha. Petitioners are two cricket clubs, and in the suit, they sought for a declaration WPC.2562/2009 2 that the activities of the 1st defendant/1st respondent herein are illegal and for consequential reliefs. In the body of the plaint, the registration of the clubs under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act (Act XII of 1955), for short, 'the Act', was stated with other particulars indicating that the two petitioners/plaintiffs are registered Societies under the Act. An amendment application was moved by the plaintiffs supported by an affidavit stating that there was an omission to mention that the suit was filed under Section 25 of Act XII of 1955 and also to furnish some particulars in the allegations raised seeking an additional relief for framing a scheme in view of the vagueness of the bylaws of the 1st defendant Association. The amendment was objected to by the 1st defendant filing written objections. The learned District Judge, after considering the application and hearing the counsel on both sides, formed a conclusion that the nature of amendment sought for by the plaintiffs would alter the character of the suit, and as such, it cannot be allowed. Legality, propriety and correctness of that order is challenged WPC.2562/2009 3 by the petitioners/plaintiffs invoking the supervisory jurisdiction of this Court vested under Article 227 of the Constituting of India. 3. I heard the counsel on both sides. From the submissions made, it is noticed that soon after filing of the suit, the 1st respondent had approached this Court and moved a writ petition contending that the suit is not maintainable as the bylaws provided on Arbitration clause enabling the parties to refer the disputes to arbitration. This Court in the above writ petition passed an order that before considering any other interlocutory application in the suit and passing of orders therein the court below has to look into whether any question covered under Section 8(1) of the Arbitration and Conciliation Act is involved, and pass orders thereof. Ext.P5 is the copy of the judgment rendered by this Court in that original petition. The petitioners filed a review petition against Ext.P5 order submitting that even an amendment application moved by them is not being taken into consideration in view of Ext.P5 judgment. The review petition WPC.2562/2009 4 was dismissed clarifying that Ext.P5 judgment does not debar or interdict the court from considering the amendment application or an application for publication under Order I Rule 8 of CPC. Ext.P6 is the copy of that order. Pursuant thereto, the amendment application moved by the petitioners/plaintiffs was heard and the impugned order was passed by the learned District Judge. Having regard to the facts and circumstances presented and the submissions made, it is crystal clear that even when resisting the amendment application, the defendants had no case that the District Court lacked jurisdiction to entertain the suit. Such a suit could have been entertained by the District Court only under the provisions of Section 25 of Act XII of 1955, otherwise, the suit should have been presented in the lowest forum as provided under Section 15 of the CPC. I have adverted to the above aspects to show that no prejudice had been caused to the defendants when an amendment was sought for by the petitioners/plaintiffs for incorporating in the plaint that the suit had been filed under Section 25 of Act XII of 1955. Then, with respect to the allegations which were sought to be added WPC.2562/2009 5 by way of amendment, after going through them, I find it does not in any way change the character of the suit. An additional relief is also sought by the petitioners by amendment to frame a scheme on the plea that the existing bylaws are defective. That also cannot be considered as a circumstance indicating that the character of the suit will change by such amendment. Petitioners/plaintiffs desired to add some particulars which do not in any way affect the character of the suit. That being so, the learned District Judge was not justified in holding that the amendment application is not entertainable. That order is liable to be reversed, and I do so. Ext.P3 amendment application is allowed permitting the plaintiffs to carry out the amendment in the plaint presented before the court. The learned counsel for the respondents submitted that a petition has been filed challenging the maintainability of the suit under Section 25 of Act XII of 1955 and also the territorial jurisdiction of the court to entertain the suit. Whatever contentions the respondents have, they are free to agitate, and none of the observations made in this judgment shall have any reflection in the decision to be formed by the court on such WPC.2562/2009 6 petitions, which have to be disposed on its merits. Subject to the above observations, this writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009