M.SUBRAMANIAM Vs. ADS EDUCATIONAL TRUST

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioner to set aside the fair and decretal order dated 22.08.2012 passed in I.A. No. 1639 of 2011 in Trust OP No. 4 of 2011 on the file of the Principal District Judge, Thiruchirappalli. The allegations contained in I.A. No. 1639 of 2011 are as follows (for the sake of convenience the rank of the parties are taken as in I.A.):

(2.) The learned Principal District Judge after hearing both sides dismissed the application directing the Trust OP No. 4 of 2011 be struck off from the files under observation that the second respondent is not a party in O.S. No. 1072 of 2010, that the appointment of the second respondent could be confirmed only by the District Court which alone has got the special jurisdiction and the right of the second respondent herein to maintain the Trust OP has to be decided after the main petition.

(3.) Point for consideration: Whether sufficient grounds are available to strike off the Trust OP No. 4 of 2011 from the file of the Court?