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2013 Supreme(Mad) 1471

R.S.RAMANATHAN
Royal Villa Residents Association, represented by its President – Appellant
Versus
Project Management Committee, Kotturpuram Officers Co-operative Housing Society, represented by its authorised persons – Respondent


Advocates Appeared:
For the Petitioner:M.S. Krishnan, Senior Counsel for M/s. K. Moorthy, Advocate.
For the Respondents:M/s. G.Rm. Palaniappan, Advocate.

Judgment :-

This Civil Revision Petition is filed to strike out the plaint in O.S.No.4636 of 2012, on the file of the II Assistant City Civil Court, Chennai.

2. The respondents filed the above suit for injunction and the revision Petitioner, who is the defendant in the suit filed this revision petition stating that the suit filed by the respondents without resorting to order 1 Rule 8 of Civil Procedure Code is not maintainable.

3. It is submitted by the learned Senior Counsel for the Petitioner Mr.M.S.Krishnan that the respondents is not a registered Association and even according to the Plaintiffs allegation, the Officers Co-operative Housing Society is a registered Association and the respondents is only a committee of that Association and therefore, any suit filed by the respondents has to comply with the provisions under Order 1 Rule 8 of Civil Procedure Code as the respondents is representing various persons and therefore, the suit filed without complying with the provisions under Order 1 Rule 8 of Civil Procedure Code is not maintainable. He relied upon the judgment in the case of Maruthamuthu.vs. 1. Ponni Sugars(Erode) Limited, Ottapalli, Thiruchengode Taluk, Namakkal Distri



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