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1928 Supreme(Mad) 387

V.RAO
Secy. Of State – Appellant
Versus
M. Murugesa Mudaliar – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. The first civil revision petition raises a question in regard to the scope and effect of Order 1, Rule 10, Civil P.C. The suit was filed by the plaintiff in the Munsifs Court for a declaration that he was a duly elected member of the Chingleput District Board. He impleaded as defendants: (1) the District Board of Chingleput and (2) the President of that Board. He prayed not only for a declaration as stated above but also for the issue of a mandatory injunction directing the defendants to recognize him as a duly elected member of the District Board. The Government applied to the lower Court for being added as a party. That application was refused by the District Munsif and in this civil revision petition, his order is attacked by the Government.

2. The allegations in the plaint are shortly summarised thus by the learned District Munsif:

On 30th March 1928 the President, Taluk Board, Chingleput, convened a special meeting of the Taluk Board for the election of a member to the District Board. When the meeting commenced, there were 24 members present besides the president. A motion for adjournment was supported and opposed equally and on the casting vote of



































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