RAMESH AND ORS. Vs. CHANDRAN AND ORS.

JUDGEMENT

(1.) Introductory.

(2.) THE first respondent through an application in an Appeal Suit filed by a Trust wanted to decide a fresh dispute inter se between him and the petitioners. The learned District Judge without ascertaining the nature of proceedings and the lis involved in the appellate proceedings allowed the application and thereby expanded the scope of first appeal.

(3.) THE second respondent is a Trust formed by Mrs. Padmini Chandrasekaran. Mrs. Padmini Chandrasekaran executed a registered Will dated 30.09.1975 bequeathing her properties to a charitable trust formed by her in the name and style of N. Selvaradjalou Chetty Trust, the third respondent herein under a deed of trust dated 11.11.1972. She appointed Thiru. R. Krishnamoorthy, former Advocate General of Tamil Nadu and Shri H.B.N. Shetty, I.A.S., as the executors of the Will. The Trust was not aware of the suit filed by Mrs. Anusuya, mother of the petitioner and the decree passed by the Principal Sub -Court, Puducherry in O.S. No. 18 of 1993.