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1996 Supreme(Mad) 703

SRINIVASAN, S.S.SUBRAMANI
R. Kannan Adityan – Appellant
Versus
B. S. Adityan – Respondent


Advocates Appeared:
For the Appellants:C. Harikrishnan, Senior Counsel for Ms. S. Subbulakshmi, K.R. Thamizhrnani, Advocates.
For the Respondents:R1 to R3 - S.K. Cooper, Senior Advocate for V. Shanmugham, R4 to R6 - S.K. Cooper, Senior Advocate for Mrs. Jayanthi Natarajan, R7 - M.S. Rajasekar, Advocates.

Judgment :-

SRINIVASAN, J.

1. O.S.A. Nos. 62 to 64 of 1996 arise out of one proceeding viz., Application No. 33 of 1994 filed by the appellants for leave to institute a suit under Section 92 of the Code of Civil Procedure. O.S.A. No. 62 of 1996 is against the order dismissing the said application for leave to sue. O.S.A. No. 63 of 1996 is against the order allowing Application No. 2421 of 1994 filed by respondents 1 to 3 for dismissing Application No. 33 of 1994 in limine under Sections 92 and 151, C.P.C. O.S.A. No. 64 of 1996 is against an order dismissing Application No. 1030 of 1994 filed by the appellants for amendment of the proposed plaint. All the three applications are disposed by a common order dated 21.12.1995.

2. The facts leading to the present proceedings are as follows:— One S.B. Adityan, familiarly known as Si.Pa. Aditanar in this State, executed a deed of declaration creating a public charitable trust by name “Thanthi Trust”, which is the third respondent herein, on 1.3.1954. Earlier in 1943, he had started a Tamil daily called ‘Dhina Thanthi’ with his own funds. In the Deed of Declaration of Trust, he appointed besides himself, his brother S.T. Adityan and his eldest


























































































































































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