MADHAV Vs. GANAPATHI AND OTHERS

JUDGEMENT

(1.) THIS revision petition is filed by the third Defendant aggrieved of the order passed on IA -VIII in O.S. No. 52 of 1994 dated 5.7.2000 filed under Order 3, Rule 4(2) read with Section 151 Code of Civil Procedure praying to terminate the Vakalath executed in favour of his Advocate.

(2.) THE said application was filed to terminate the vakalath executed in favour of his Advocate in view of difference of opinion between him and the remaining trustees. The said application was opposed by the learned Counsel contending that all the trustees unanimously and jointly signed vakalathnama by passing resolution. Therefore, he cannot individually withdraw his given power to him to appear on his behalf and other trustees.

(3.) CIVIL Revision Petition is allowed. IA -8 is also allowed. The third Defendant -Petitioner is at liberty to engage any Advocate to defend his interest and the interest of the trust in the suit.