ORDER :- Application No. 3081 of 2002 is filed by the second defendant to revoke the Order dated 27-2-2002 passed in Application No. 567 of 2002 granting leave to the plaintiffs to institute the suit under S. 92 of the Civil Procedure Code.

Application No. 3668 of 2002 is filed by the plaintiffs to implead "John De Monte Trust" represented by its Trustee, Archbishop's House, 21 Santhome High Road, Chennai-4, as 10th defendant in the suit.

2. The case in brief for disposal of all the applications is as follows :- The plaintiffs filed an application No. 567 of 2002 and obtained leave to institute a suit against the defendants under S. 92 of Civil Procedure Code on 27-2-2002. The leave granted under S. 92 of Civil Procedure Code is liable to be revoked. The suit itself ought not to have been numbered by the Registry on the ground that the Trust is not a party to the proceedings and others are added as parties in their individual capacity. The Scheme Decree is sought for by the plaintiffs, wherein the Trust is not made a party. The initial defect goes to the root of the matter and the plaint should be rejected under O. VII, R. 11 of Civil Procedure Code (CPC). The plaintiffs are not pers

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