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2011 Supreme(Mad) 3655

ELIPE DHARMA RAO, M.VENUGOPAL
T. Mohanraj – Appellant
Versus
Akila Thiruvidancore Siddha Vaidhya Sangam – Respondent


Advocates appeared:
For the Appellant:V. Selvaraj, Advocate.
For the Respondent:Kanimozhi Mathi, Advocate.

JUDGMENT :-

M. VENUGOPAL, J.

1. The Appellant/Defendant has filed the O.S.A.Nos.359 and 360 of 2008 as against the common order dated 07.03.2008 in Application Nos.7131 and 4527 of 2007 in C.S.No.752 of 2005 passed by the Learned Single Judge.

2. The Learned Single Judge, while passing orders in Application Nos.7131 and 4527 of 2007 in C.S.No.752 of 2005, has, among other things, observed that '... the Respondent/Plaintiff is not a commercial venture registered as a Limited Company under the Companies Act, 1956. It is an Association registered under Section 25 of the Companies Act, 1956, with the object of promoting Siddha System of Medicine. It is a non profitable organisation, which got registered under the Companies Act, 1956, instead of getting registered under the Societies Registration Act or under the Trusts Act. Therefore, a suit by such a non profitable organisation filed with a view to seek rendition of accounts from one of the erstwhile office bearers, cannot be thrown out under Order 7 Rule 11 of the Civil Procedure Code, on the ground of such a technical objection and further opined that, it is seen that a part of the cause of action allegedly arose within the jurisdicti




























































































































































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