CHINNASAMY Vs. PONNI CHARITABLE TRUST

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the order dtd. 1/6/2022 in I.A.No.726 of 2021 in O.S.No.52 of 2019 on the file of Principal District Judge, Tiruppur.

(2.) The revision petitioners are the defendants in the suit and the respondent / Ponni Charitable Trust, a Society registered under the Societies Registration Act, represented by its President Mr.M.Subramaniam (died), instituted a suit for injunction. Two other Suits are pending between the parties in O.S.No.300/2019 and O.S.No.454 of 2020. The suit in O.S.No.454 of 2020 is filed for Declaration and Injunction. It is not in dispute that the Former President Mr.M.Subramaniam, who died, is to be substituted with the new elected President for the purpose of representing the Trust. In this regard, the respondent filed an Interlocutory Application in I.A.No.726 of 2021 in O.S.No.52 of 2019 to implead Mr.G.Rathinasabapathy, who is the elected President after the death of Mr.M.Subramaniam. The Interlocutory Application filed by the respondent herein was allowed by the trial Court on the ground that he is a necessary party to represent the Trust, since he was elected in the General Body Meeting.

(3.) The learned Senior counsel appearing on behalf of the revision petitioners state that substitution is to be made after adjudication of issues under Order 22 Rule 5 and determining the question as to the legal representative. Thus, the order of the trial Court, allowing the impleading petition is not in consonance with the procedures as contemplated under the Code of Civil Procedure.