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2011 Supreme(Mad) 190

R.S.RAMANATHAN
S. Shivashankar – Appellant
Versus
Sivabakkiam Muthusamy Trust rep by the Trustees – Respondent


Advocates Appeared:
For the petitioners:D. Pradeepkumar, Advocate.
For the Respondents:P. Valliappan, Advocate.

JUDGMENT :-

1. The defendants are the revision petitions. Originally, O.S.No.397 of 2008 was filed on the file of the Sub Court, Tiruchengode under section 92 of the Code of Civil Procedure for declaration and for removal of the revision petitioners from the office of the Management of the plaintiff Trust and for directions. While the suit was pending before the Sub Court, Tiruchengode, the revision petitioners filed I.A.No.131 of 2008 under Order VII Rule 11 of the Code of Civil Procedure to reject the plaint stating that the suit was not filed by proper persons as per section 92 of the Code of Civil Procedure and no leave was obtained and the Trust cannot maintain a suit under section 92 of the Code of Civil Procedure. That application was dismissed by order dated 5.8.2008. Thereafter, the suit was transferred to the file of the Additional District Judge (Fast Track Court), Namakkal and re-numbered as O.S.No.142 of 2008 and after the suit was transferred, the respondent/plaintiff filed application to amend the pleadings and after the plaint was amended, the revision petitioners filed I.A.No.184 of 2010 in O.S.No.142 of 2008 for rejection of plaint raising the very same plea and th





















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