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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Kannammal Educational Trust, Rep. By its Managing Trustee, K.N.Ramachandran – Appellant
Versus
M/s.Arihant Shelters India Ltd., Rep. By its Authorised Signatory, D.Mahaveer – Respondent
| Table of Content |
|---|
| 1. discussion on impleading third parties in trust proceedings. (Para 2) |
| 2. petitioner's reaffirmation of liability for an agreement. (Para 3 , 4) |
| 3. court's conclusion to allow the revision petition. (Para 5) |
O R D E R
Heard Mr.N.Manoharan, learned counsel for the petitioner and Mr.S.Mukunth, learned Senior counsel, appearing for the respondent.
2. The revision petitioner is the plaintiff. The suit has been filed under Section 92 of the Code of Civil Procedure seeking permission to sell the property belonging to the Trust. Pending suit, the respondent herein has filed an application to implead itself as a party respondent in the said application filed under Order 1 Rule 10(2) CPC which was allowed by the trial Court. Challenging the same, the plaintiff is before this Court.
3. The learned counsel for the petitioner, on instructions, would submit that in a suit, under Section 92 CPC, the third party has absolutely no role to play, but in all fairness, he would state that in view of the counter that has been filed to the impleading application before the trial Court, the plaintiff is willing to abide by the said undertaking given in the counter affidavit which is extra
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