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1997 Supreme(Mad) 840

A.R.LAKSHMANAN
TIRUPATTUR NAGARATHU VYSIYARGAL SANGAM – Appellant
Versus
TIRUPATTUR PERIYAKULAM NANDAVANAM INAM LAND TENANTS ASSOCIATION – Respondent


For the Appearing Parties:V. Ragavachari, V.S. Subramanya Iyer, Advocates.

Judgment :

AR. LAKSHMANAN, J.

( 1 ) TIRUPATTUR nagarathu Vysiyargal Sangam, represented by its President, is the petitioner in this revision. He filed this revision against the order made in I. A. No. 42/94 in O. S. No. 23/94 dated 20. 1. 1994 on the file of the Sub Court. Tirupattur, North Arcot District granting leave to the respondent herein under Section 92 of the Code of Civil Procedure.

( 2 ) ACCORDING to Mr. V. S. Subramanyam, learned advocate for the petitioner, the order passed by the Sub-Court, granting leave without notice to the petitioners, who are vitally interested in the trust and the trust properties is materially irregular and illegal. He further contends that the learned Subordinate, Judge has not, even found that the respondent/ proposed plaintiff has any interest-in the trust properties or in the proper administration of the trust. Arguing contra Mr. V. Raghavachari contends that the Civil Revision Petition itself is not maintainable against the order passed by the Sub-Court in view of the recent pronouncement of this Court in the case of Raju pilial v. Parama Sloan. The learned Judge held that the revision is maintainable to the. High Court against any case wh



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