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1925 Supreme(Mad) 669

V. Samanna Iyer – Appellant
Versus
Kadathur Village Rajavaikal – Respondent


JUDGMENT

1. The petitioner was a secretary of the Kadathur Village Committee for the purpose of silt clearance in 1915. The plaintiff has brought the suit on behalf of a committee elected in 1922 for collecting subscriptions for carrying on silt clearance. The contention of the petitioner is that the plaintiff is not entitled to bring the suit against him. The District Munsif tried the suit and dismissed it on the merits. The subordinate Judge held that the suit was not properly framed, that the villagers were entitled as a body to sue for any sum that might remain in the hands of the petitioner and directed an amendment of the plaint and remanded the suit to the Munsifs Court for disposal on the merits. We think the order for amendment was made without jurisdiction. The plaintiffs case was that the committee of 1922 was entitled to demand from the petitioner the amount which remained in his hands in 1915. There is no averment in the plaint that the suit was on behalf of the whole village. From the attitude of the plaintiff throughout the case it is apparent that he fought the case on the footing that the committee of 1922 was entitled to maintain the suit against the defendant. We

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