BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.02.2026 CORAM THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD).No.197914 of 2025

1.Madurai Therkuvasal Nadar Vidhyabiviruthi Sagam (Uravinmurai) Through its President S.Ganapathy, No.16A, Nadar Vidhyasalai Shaba, South Gate, Madurai 625 001. Madurai District.

2.Madurai Therkuvasal Nadar Vidhyabiviruthi Sagam (Uravinmurai) Through its Secretary, Myilrajan, No.16A, Nadar Vidhyasalai Shaba, South Gate, Madurai 625 001, Madurai District. ... Petitioners Vs

1.K.Thanabalan

2.R.Sathiamoorthy

3.K.Asaithambi ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and decretal order dated 03.09.2025 passed in IA No.1 of 2023 in OS No.121 of 2023 on the file of the Principal District Munsif Court, Madurai Town and allow this Civil Revision with cost throughout.

For Petitioners : Mr.K.Alagarsamy For Respondents : Ms.T.Shiva Shree Legal aid counsel

ORDER

This civil revision petition has been filed to set aside the fair and decretal order dated 03.09.2025 passed in IA No.1 of 2023 in OS No.121 of 2023 on the file of the Principal District Munsif Court, Madurai Town

2.Heard the learned counsel appearing for the petitioner as well as the learned legal aid counsel for the respondents and perused the records.

3.The revision has been preferred by the first and second defendants in the suit. The learned counsel appearing for the revision petitioners contended that, as per Section 20 of the Tamil Nadu Societies Registration Act, 1975, any legal proceedings against a registered society must strictly comply with the provisions of the Act and the by-laws of the society. Section 20 is extracted hereunder:

20.Legal proceedings by or against registered societies.

(1)The Committee or any officer of the registered society authorised in this behalf by its by-laws may bring or defend or cause to be brought or defended any action or other legal proceeding touching or concerning any property, right or claim of the registered society and may sue or be sued in respect of any such property, right or claim.

(2)Any action or other legal proceeding shall not abate or be discontinued by the death, resignation or removal from office of any officer of the registered society.”

When a suit is instituted, the plaintiff must establish that such institution is in consonance with the Act. In the present case, there is absolute non-compliance with the statutory requirements.

4.The learned counsel further submitted that the revision petitioner is a registered society, and therefore, its by-laws must be strictly adhered to. Referring to Clause VIII of the by-laws, it was argued that the right to institute a suit is vested only with the President and the Joint Secretary of the society. Further, as per Clause 26(3)(a), even for instituting or contesting any legal proceedings, prior concurrence of the Executive Council is mandatory.

5.It was also pointed out that the Sangam consists of about 850 members, and a General Body Meeting was allegedly held, wherein 409 members participated. The learned counsel contended that, when a society is governed by registered by-laws, any suit instituted without complying with such by-laws is not maintainable. Hence, a suit filed in a representative capacity, without adherence to the statutory and by-law requirements, is barred in law.

6.Per contra, the learned counsel for the respondent submitted that the requirements under Order I Rule 8 of the Code of Civil Procedure must be considered. Order 1 Rule 8 of the Code of Civil Procedure is extracted hereunder:

“Order I Rule 8 – One person may sue or defend on behalf of all in same interest (1) Where there are numerous persons having the same interest in one suit,—

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of or for the benefit of all persons so interested;

(b) the Court may direct that