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2019 Supreme(Mad) 1759
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
P.S. Govindaswamy Naidu & Sons' Charities, A public charitable Trust, Coimbatore, Rep. by its Managing Trustee, L. Gopalakrishnan & Others - Petitioners
Versus
V. Prakash @ G.N.V. Prakash - Respondent
C.R.P (PD) Nos. 1584 & 1585 of 2019 & C.M.P. Nos. 10379 & 10382 of 2019
Decided On : 18-09-2019
For the Petitioners:G. Masilamani, Senior Counsel for R. Karthikeyan, Advocate.
For the Respondent:R. Shankara Narayanan, Senior Counsel Assisted by Vidhya Shankar, Advocate.
Headnote:
Civil Procedure Code - Order XVIII Rule 3(A) - Section 151 - Diplomatic and other Privileges Act 1971 - Indian Evidence Act - Section 84 - Array of the parties in the suit - Parties to proceedings - Arguments- plaintiff therefore prays for Judgment and Decree against Defendant : Declaring that pursuant to Chapter-IV Clause iv(c)(i) of the Scheme of Administration governing 1st Defendant Trust and as the sole surviving adult male member of Branch of family, plaintiff is entitled to be recognised as Founder Trustee of the 1st Defendant Trust, in vacancy caused by the demise - Consequent to declaration sought for in Prayer 13.1 herein above, granting permanent injunction restraining the defendants in any manner, interfering with the right of the plaintiff as a Founder Trustee of 1st Defendant Trust and his performing his role, responsibilities and duties as a Founder Trustee of the 1st Defendant Trust - Declaring that all the meetings of the Board of Trustees of the 1st Defendant Trust held after expiry of 60 days from the date of demise of without Notice to the plaintiff as a Founder Trustee and without allowing the participation of the plaintiff as Founder Trustee are null and void, inoperative and incapable of being given effect to - Held, Court is inclined to dispose of these two Civil Revision Petitions with the following orders - Impugned order passed in C.R.P (PD) is modified to the effect that, the Court below can issue notice / summon by post to the US Consular Office at Chennai only for the purpose of production of literatures / documents pertaining to the rules and regulations, if any, on Green card holders, issued by the US Administration - Once such notice is issued and the same is responded by the addressee in the manner they deem it fit and accordingly if anything send by them, the same can be utilised as evidence within the meaning of Section 84 of the Indian Evidence Act and accordingly, the Court below can proceed further - (iii) In so far as C.R.P.(PD). is concerned, depending upon the outcome or the result of the notice / summon to be issued as directed above, the plea raised or prayer sought for by the defendants in I.A. can be decided and therefore for the said purpose, the present impugned order made in the said I.A.No.2 of 2019, which is impugned in this Civil Revision Petition, is set aside - Ordered accordingly
JUDGMENT :
1. These two Revision Petitions have been filed challenging the fair and decreetal order passed by the Principal District Judge, Coimbatore in I.A.No.2 of 2019 and I.A.No.3 of 2019 in O.S.No.160 of 2018, dated 26.03.2019.
2. The parties in these Civil Revision Petitions are called as per the array of the parties in the suit itself. Since these revision petitions have been filed by the same parties and parties to the proceedings are also one and the same and the issue raised in both the revision petitions are inter related and the arguments were advanced by both sides on these revisions simultaneously, with the consent of both sides, both these Civil Revision Petitions are disposed of by this common order.
3. That the plaintiff filed a suit in O.S.No.160 of 2018 on the file of the Principal District Judge, Coimbatore for a Judgment and Decree in the following terms :
"13. The plaintiff therefore prays for a Judgment and Decree against the Defendant :
13.1. Declaring that pursuant to Chapter-IV Clause iv(c)(i) of the Scheme of Administration governing the 1st Defendant Trust and as the sole surviving adult male member of the PSG Narayanaswamy Naidu Branch of the family, the plaintiff is entitled to be recognised as the Founder Trustee of the 1st Defendant Trust, in the vacancy caused by the demise of Mr. V. Rajan.
13.2. Consequent to declaration sought for in Prayer 13.1 herein above, granting permanent injunction restraining the defendants from, in any manner, interfering with the right of the plaintiff as a Founder Trustee of the 1st Defendant Trust and his performing his role, responsibilities and duties as a Founder Trustee of the 1st Defendant Trust.
13.3. Declaring that all the meetings of the Board of Trustees of the 1st Defendant Trust held after expiry of 60 days from the date of demise of the Mr. V. Rajan, without Notice to the plaintiff as a Founder Trustee and without allowing the participation of the plaintiff as Founder Trustee are null and void, inoperative and incapable of being given effect to.
13.4. Consequent to the relief sought for in prayer 13.3 herein above, granting permanent injunction restraining the 1st Defendant Trust from in any manner acting on or giving effect to any Resolution passed by the Board of Trustees of the 1st Defendant Trust after expiry of 60 days from the date of demise of Mr. V. Rajan, without notice to and without permitting participation of the plaintiff at such meetings.
13.5. Consequent to the relief sought for in prayer 13.3 herein above, granting permanent injunction restraining the Defendant Trust from convening or holding any meeting of the Board of Trustees of the 1st Defendant Trust without notice to and without permitting participation of the plaintiff as a Founder Trustee."
4. The background history, of course in nutshell, which gives raise to file this suit by the plaintiff, are to be noted first.
5. That the first defendant, M/s. P.S. Govindaswamy Naidu & Sons' Charities is a public charitable Trust, which was constituted by a Deed of Trust, dated 25.01.1926 and in order to manage the Trust a scheme of administration, dated 29.02.1936 was formulated and sanctioned by the Principal Sub-Court, Coimbatore in O.S.No.145 of 1935, therefore the said scheme of administration still governs the management and administration of the first defendant Trust.
6. There are two set of Board of Trustees comprised in the Trust as four Trustees are Founder Trustees and five are to be elected. The Founder Trustees shall hold office for their life time or until they make resignation as contemplated under Chapter IV of the Scheme of Administration.
7. In the context of the present issue, it is to be noted in the relevant portion of Chapter IV of the Scheme of Administration, especially Chapter IV (B) under the heading "Qualifications and Disqualifications for Trusteeship", the following has been provided for :
"(B) Qualifications and Disqualifications for Trusteeship :
(a) Qualifications for the T
