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2015 Supreme(Mad) 2024

R.SUBBIAH
Deshratna Dr. Rajendra Prasad Memorial Trust (Madras) – Appellant
Versus
Bihar Association (Regd), represented by its General Secretary, S P Sinha – Respondent


Advocates Appeared:
For the Applicant :A. Thiagarajan, Senior Counsel for M/s. Surana & Surana, Advocates. For the Respondents:R. Arumugam, Advocate.

JUDGMENT :-

1. This application has been filed by the applicant/1st defendant viz., Deshratna Dr.Rajendra Prasad Memoral Trust (Madras), under Order XIV Rule 8 of Original Side Rules r/w Section 151 of CPC, praying to revoke the leave granted by this Court in Application No.4392 of 2014 vide., order dated 14.07.2014 to sue the defendants.

2. The applicant herein is the 1st defendant and the respondents herein are the plaintiffs in the suit. For the sake of convenience, the parties will be referred to as per their rankings in the suit.

3. The plaintiffs have filed the suit for the following reliefs :

(a) to remove the 4th defendant from the office of the Managing Trustee and the 5th defendant from the office of the Trustee of the 1st defendant-Trust for their illegal activities which include their functioning against the Will of the author of the 1st defendant-Trust that was clearly spelt out in the resolution passed by the Extraordinary General Body Meeting of the 1st plaintiff-Association on 23.11.1980;

(b) to remove the defendants 2, 3, 6, 7 & 9 from the office of the Trustees of the 1st defendant-Trust as their appointments have been made against the Will of the Author as enumerated

















































































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