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2017 Supreme(Mad) 4053

M.V.MURALIDARAN
C. R. Palanidoss @ Palani Balasubramaniam – Appellant
Versus
Muthukumaraswamy Devasthanam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. G. Asokapathy for M/s. Pass Associates
For the Respondents: M/s. K. Mohanamurali

ORDER :

The defendants in O.S.No.469 of 1996 are the civil revision petitioners before this Court, challenging the order passed in I.A.No.15581 of 2012 in O.S.No.469 of 1996, dated 04.04.2013, on the file of the VII Assistant Judge, City Civil Court, Chennai.

2. It is the case of the petitioners/defendants is that the respondent/plaintiff has filed the above suit in O.S.No.469 of 1996 before the learned VII Assistant Judge, City Civil Court, Chennai for recovery of possession of suit schedule mentioned property by Sri Muthukumaraswamy Devasthanam represented by selected trustees in pursuance of the Order 31 Rule 2 of C.P.C. and there are several trustees, all the trustees are necessary parties. Therefore, the trust shall be represented by all the trustees compulsorily. In the absence of the representation by all the trustees, the suit is not maintainable for want of proper representation.

3. The petitioners/defendants also come forward by saying that the election has been conducted once in every five years. The last election was conducted on 23.11.2008 and after lapse of 15 months, the plaintiffs have filed an application in I.A.No.5382 of 2010 to implead the elected Trustees on recor











































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