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1938 Supreme(Mad) 278

VENKATARAMANA RAO
L. Venkatakrishna Naidu, Receiver – Appellant
Versus
R. Narayanaswami Aiyar and five Ors. and T. S. Rajarama Sastri – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is an application by the 1st defendant for directions under Order V-A, Rule 5 of the Original Side Rules relating to third party procedure. The application is resisted by the plaintiff and by the respondents on whom notices under T. 1 have been served. The contention on behalf of the plaintiff is that the third party procedure is not applicable at all with reference to the persons who are now sought to be added as third parties or against whom notices have been served. The objection on behalf of third parties is also similar except that, in addition to the above common contention, each raises a contention peculiar to himself. Though the application has been taken for giving directions against three respondents, Mr. Seshagiri Sastri on behalf of the 1st defendant has confined his application to T. Section Rajarama Sastri alone and did not press it as against the others. No directions need therefore be given in regard to them and the application must be dismissed as against them.

2. Before appreciating the contentions, it is necessary to state a few facts. The plaint seeks to recover the suit property described in Schedule A to the plaint as trust




















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