Allowed

K.Dharmaraj and 3 others v. Sir M.Ct.Muthiah Chettiar Higher Secondary School Teaching and Non Teaching Staff Association

Madras HC26 Apr 2022A/1313/2022

Case brief

AI extract

What is this about?

The court allowed the application to implead the applicants as defendants 6 to 9 in Civil Suit No. 717 of 2016 regarding the administration of a school trust, directing the necessary amendment of the plaint and filing of written statements.

What did the court decide?

Application allowed; antecedent application to implead granted; amendment of plaint directed with specific dates.

K.Dharmaraj and 3 others Vs Sir M.Ct.Muthiah Chettiar… — Company and Corporate | Madras HC (2022)

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1 A.No.1313 of 2022

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A. No.1313 of 2022 in C.S. No.717 of 2016

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V.BHAVANI SUBBAROYAN., J.

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This application has been filed to implead the applicants herein as defendants 6 to 9 in C.S. No.717 of 2016.

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The learned counsel for the applicants would submit that as the school namely Sir M. Ct. Muthiah Chettiar High School, is being totally mismanaged by its Trustees, the applicants filed a suit in C.S.D. No.24437 of 2017 before this Court seeking for to settle the scheme for the administration of the Trust, for removal of certain trustees, accounts and enquiries. In the aforesaid suit, they filed A. No.4173 of 2017 seeking leave to institute the suit. The said application was dismissed by an order dated 25.10.2017 of this Court. Therefore, they filed an appeal in O.S.A. No.284 of 2018 before this Court. In the said appeal, the Trustees of the School opposed on the ground that the applicants are not interested parties and even if they have any grievance regarding the mismanagement of Trust, they have to file necessary application to implead them in C.S. No.717 of 2016 where

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https://www.mhc.tn.gov.in/judis

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2 A.No.1313 of 2022

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similar prayer was sought for. Having heard both sides, O.S.A. No.284 of

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2018 was dismissed by granting the applicants herein liberty to file appropriate application to implead them as party defendants. According to the aforesaid order, the applicants have filed this application to implead them as defendants 6 to 9 in the suit in C.S. No.717 of 2016 to contest the suit.

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The learned counsels for respondents has no serious objection to

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allow this application.

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Heard, the learned counsel appearing for the applicants and

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perused the affidavit filed in support of this application.

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5.Having satisfied with the reasons stated in the affidavit filed in

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support of the application and submissions of the learned counsel on either side, this application is allowed.

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https://www.mhc.tn.gov.in/judis

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3 A.No.1313 of 2022

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Accordingly, the necessary amendment shall be carried out in the

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aforesaid plaint on or before 14.06.2022 and the amended plaint shall be served to other parties.

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The newly impleaded defendants in the aforesaid suit shall file

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their respective written statement by 20.06.2022.

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Post on 20.06.2022.

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26.04.2022

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Lbm

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https://www.mhc.tn.gov.in/judis

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4 A.No.1313 of 2022

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V.BHAVANI SUBBAROYAN., J.

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Lbm

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A. No.1313 of 2022 in C.S. No.717 of 2016

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26.04.2022

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https://www.mhc.tn.gov.in/judis

K.Dharmaraj and 3 others v. Sir M.Ct.Muthiah Chettiar Higher Secondary School Teaching and Non Teaching Staff Association

Case brief

What is this about?

What did the court decide?

K.Dharmaraj and 3 others v. Sir M.Ct.Muthiah Chettiar Higher Secondary School Teaching and Non Teaching Staff Association

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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