SHIVABALAYOGI MAHARAJA TRUST Vs. A. SATYARAJU AND ORS.

JUDGEMENT

(1.) The matter coming on for admission, is considered for final disposal having regard to the facts and circumstances.

(2.) Heard Shri R.B. Sadashivappa, learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

(3.) The learned counsel Shri R.B. Sadashivappa would point out that the alleged defects which were taken up for consideration by the court below were curable defects, if at all. Even otherwise, he would submit that if the court was of the opinion that the court fee paid was insufficient, the plaintiff ought to have been put on notice of any such deficit court fee and the point could have been addressed. Insofar as the opinion of the court below that the suit was not maintainable if the suit was brought on behalf of a Trust by any one authorized representative, it was a mere question of directing the plaintiff to implead all the trustees. It has therefore resulted in a miscarriage of justice, on the court below after having noticed that an earlier application seeking rejection of the plaint had been dismissed, to yet again opine otherwise when the law and procedure would indicate otherwise.