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1989 Supreme(Mad) 487

RATNAM
N. Lakshmanan Chettiar – Appellant
Versus
P. L. Ekappa Chettiar – Respondent


ORDER

Ratnam, J.

1. These Civil Revision Petitions, at the instance of defendants 1 to 4 in C.S. No. 55 of 1987, Sub Court, Sivaganga, have been preferred against the order passed by the Sub Court, Sivaganga, dismissing I.A.Nos.125 and 126 of 1988 praying for the reliefs of revoking the order passed in I.A. No. 358 of 1987 and for the dismissal of the suit in O.S. No. 55 of 1987 in limine.

2. On 11.9.1987, the respondents herein filed before the Sub Court, Sivaganga, I.A. No. 358 of 1987 praying for leave to file a suit under Section 92, C.P.C. and also presented oh the same day a plaint in which they prayed for the settling of a scheme for the administration of Pillayarpatti Sri Karpaka Nagartharal trust and for an account of the management of petitioners 1 and 2 herein from 1986 onwards and to make them liable for their acts of mal-feasance, mis-feasance, nonfeasance and negligence. 'A' schedule to the plaint so presented detailed immovable properties while in the 'B' schedule the movables and Vahanams are catalogued. On the presentation of I.A. No. 358 of 1987 on 11.9.1987, the learned Subordinate Judge passed an order "permitted" on that day itself. Likwise on the plaint presented





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