A.P.SRIVASTAVA
CAPT. S. V. DANIELS – Appellant
Versus
GREGORY WARDEN FRIENDLY TRUST – Respondent
( 1 ) THIS is a defendants application in revision. The plaintiff is a trust known as The Gregory warden Friendly Trust. There are two trustees of the trust: Mr. V. J. Seetal and Mr. P. Samual lal. The suit was filed by the trust through one of the trustees only, viz. Mr. V. J. Seetal. A plea was raised that the suit was defective inasmuch as the other trustee had not been impleaded. An application was thereupon made by the plaintiff that the other trustee. Sri P. Samual Lal, be also allowed to be impleaded as a plaintiff. An application with a similar prayer was made by Mr. P. Samual Lal himself. Both these applications have been allowed by the learned Munsif and the defendant has come up in revision against that order. It is contended on his behalf that the suit having been filed through one of the trustees only, was not only defective but was no suit at all and the learned Munsif had no jurisdiction to entertain it. That being so he had no jurisdiction to order the amendment of the plaint so as to make the suit a maintainable one. The order allowing the amendment was also therefore without jurisdiction and consequently be set aside.
( 2 ) IT is not disputed
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