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சட்டத்தை மதிக்காத நாட்டில் இருப்பதை விட வெளியேறலாம்! உச்சநீதிமன்ற நீதிபதி வேதனை
by Sekar Reporter · Published February 16, 2020
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THE HONOURABLE MR.JUSTICE V.PARTHIBAN A.No.1423 of 2019 in C.S.Diary.No.140041 of 2018 1. Clement Selvaraj, aged about 73 years, Son of Mr.S.Antony Doss, 41/17, Meena Apartments, Appu Street, Mylapore, Chennai – 600 004. 2. V.Jayabalan, aged about 62——- application is to be rejected holding that the applicants/ plaintiffs are not ” interested person” within the meaning of Section 92 CPC. The application is not filed with solemn view to vindicate public interest. The allegation of mismanagement or mal-administration are found to be without substance and basis. The application is also an attempt to re-agitate many of the issues which had been settled in the earlier proceedings in C.S.No.156/2002, O.S.A.No.83 & 129 of 2003 and C.A.No.3052 of 2006 as aforementioned. Thus the application is intended to harass the trustee and the Trust. The application also fails for misjoinder of parties (3rd , 4th and 7th respondents)As far as he legal ground relating to the limitation, though prima facie, the objection has considerable force, but this Court is not inclined to hold conclusively one way or the other, in view of the application being rejected wholly on merits. Likewise, the other legal issue raised as to the application of section 11 CPC and the principle of “Res judicata”, for the same reason, this Court is inclined to deal with the said objection. 118. Accordingly, the Application is dismissed. Consequently, C.S.D.No.140041 of 2018 is rejected. No costs. 17.11.2021 vsi V.PARTHIBAN,J. vsi-
by Sekar Reporter · Published November 17, 2021
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