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1957 Supreme(Ker) 243

SANKARAN, RAMAN NAYAR
David – Appellant
Versus
James Arthur Edwards – Respondent


Judgment :-

1. Six out of nine defendants in O. S. No. 100/1956 on the file of the Subordinate Judge's Court at Trivandrum have filed this application praying that the suit may be transferred to the file of the District Judge's Court at Nagercoil. The main ground urged in support of that prayer is that another similar suit, O. S. No. 118/1956, is pending in the Nagercoil District Court against the same defendants and that therefore it will be more convenient for them to have both the suits tried in the Nagercoil District Court. The plaintiffs in the two suits are different, though both the suits have been instituted by the two sets of plaintiffs in their representative capacity as per the sanctions obtained under S.92 of the Code of Civil Procedure. The properties involved in the two suits and the reliefs claimed are stated to be substantially the same. The properties are alleged to be trust properties endowed for the benefit of the Christian community belonging to a particular denomination represented by the plaintiffs. The main reliefs claimed in the suit are that the defendants may be removed from their management of these properties, that they may be called upon to render accou



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