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1952 Supreme(Mad) 167

RAJAMANNAR, VENKATARAMA AYYAR
R. N. Selvam Mudaliar – Appellant
Versus
P. A. Raju Mudaliar – Respondent


Advocates Appeared:
V. Rajagopala Mudaliar, for Appellants; V.S. Rangachari, for Respondents.

Judgement

RAJAMANNAR, C.J. :- The respondents instituted a suit on the Original Side of this Court, C.S. No.10 of 1949 under S.92, CPC praying inter alia for the framing of a scheme for the management and working of the Church known as St. Peters Church at Royapuram after cancelling or modifying the scheme framed in an earlier suit on the file of this court and for the removal of certain defendants from the trusteeship of the Church. Defendants 1 to 5 were described as the persons who claimed to be the trustees of the Church. On the plaint there was an endorsement by the Advocate General as follows : "I consent to the institution of the suit under S.92, CPC." It was discovered subsequently that another person, one S.A. Raja also claimed to be a trustee of the Church and the respondents applied to the court to add S.A. Raja as a party. Before they took out this application, they obtained the consent of the Advocate General to the addition of Raja as a party defendant. Objection was taken to the application on the ground that it was not competent to the Advocate General to add parties once a suit had been instituted after sanction had been obtained from him and once he had given his s





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