KOUSALYA EDUCATIONAL TRUST REP Vs. K VIJAYAKUMARI

JUDGEMENT

(1.) The aforesaid Revision was filed on 25.7.2002 against the order dated 8.7.2002 in I.A.No.160 of 2002 in O.S.No.3 of 2001, on the file of Subordinate Judge, Tirupattur, rejecting the application of the petitioner for being impleaded as a party.

(2.) The suit was filed by the present respondent No.1 against the respondents 2 & 3 for a direction to the defendants not to restrain the plaintiff from taking part in the General Body Meeting of the Pandiyan Educational Trust and for directing them to convene the General Body of the Pandiyan Trust. During pendency of the aforesaid suit, the present petitioner filed an application under Order I Rule 10(2) C.P.C for being impleaded as third defendant in the suit. Such application was resisted by all the parties to the suit and ultimately rejected by the trial court by order dated 8.7.2002.

(3.) Section 115 of the Civil Procedure Code has been recently amended. The relevant provision as contained in Section 115(1) is extracted hereunder :- Section 115 (1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears - (a) to have exercised in a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularly, the High Court may make such order in the case as it thinks fit: Provided that the High Court shall not, under this Section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or order proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding.