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1984 Supreme(Mad) 261

VENKATASWAMY
T. M. Shanmugham and Others – Appellant
Versus
The Periyar Self-Respect Propaganda Institution and Others – Respondent


Advocates Appeared:G. Ramaswami, N.C. Raghavachari, Advocates.

Judgment :-

Application No. 2208 of 1978 is filed by the defendants 1 and 2 in C. S.170 of 1978, for revoking the leave granted to the plaintiffs in Application No. 1427 of 1978, without notice to the defendants by an order dated 3-4-1978 under S.92 of the Civil P.C. Appln. No. 376 of 1984 is again filed by the defendants 1 and 2 to dismiss the suit C.S. 170 of 1978 as not maintainable.

2. C. S. No. 170 of 1978 was filed under O.IV, R.2 of Original Side Rules read with Order VII, Rule 1 of the Civil P.C., after obtaining leave of the Court under S.92, Civil P.C. for removal of the second defendant from the Secretaryship of Periyar Self Respect Propaganda Institution (first defendant) and for other consequential reliefs, including appointment of a receiver for taking over charge of the first defendant institution. It is seen from the papers that Appln No. 1427 of 1978 was filed under S.92, Civil P.C. read with O.XIV, R.8 of the Original Side Rules by the applicants plaintiffs for the leave to institute the suit for the purpose of settling the scheme in respect of first defendant institution on 31-3-1978. That application was ordered by S. Natarajan J. on 3-4-1978 without ordering not















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