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IN THE HIGH COURT OF MARAS
Savala Cunniah Chetty
Versus
Thiruvengada Ramanujachariar
Decided On : 10 December, 1912
Civil Procedure Code - Charity - Special right of trustee - Hindu Law
Fact of the Case:
The suit related to a charity and was instituted under the repealed Civil Procedure Code Act XIV of 1882. The plaintiff, entitled under Hindu Law to be the trustee, filed the suit.
Finding of the Court:
The Court found that Section 539 of the Code was not applicable to a suit instituted by a person with a special right, such as the next entitled trustee of the charity. The plaintiff, as per Hindu Law, was entitled to institute the suit.
Issues: The main issue was the applicability of Section 539 of the Civil Procedure Code to a suit by a person with a special right as the next entitled trustee of the charity.
Ratio Decidendi: The Court interpreted Section 539 of the Civil Procedure Code and considered the plaintiff's entitlement under Hindu Law to be the trustee. It reversed the lower appellate Court's decree and remanded the appeal for disposal on the merits according to law.
Final Decision: The Court reversed the lower appellate Court's decree and remanded the appeal for disposal on the merits according to law, with the respondents to pay the costs of the second appeal. The costs in the lower appellate Court would abide the result.
1. This suit which relates to a charity was instituted when the repealed Civil Procedure Code Act XIV of 1882 was in force. According to the construction placed on Section 539 of the Code by this Court it was not applicable to a suit instituted by a person having a special right such as one next entitled to be the trustee of the charity.
2. The plaintiff as the person entitled under the Hindu Law to be the trustee after 2nd defendant was clearly entitled to institute the suit. Neither Exhibit A nor Exhibit D made any special provision for the succession to the office of trustee. We reverse the decree of the lower appellate Court and remand the appeal for disposal on the merits according to law. The respondents will pay the costs of this second appeal.
3. The costs in the lower appellate Court will abide the result.
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