PRASANNA VINAYAGAR TEMPLE MINJUR Vs. DURAIBABU THAMBIRAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 6. 4. 2004 passed by the District Munsif Court, Ponneri in I. A. No. 813/1999 in O. S. No. 163/1994.

(2.) THE plaintiff temple represented by its four trustees in O. S. No. 163/94 on the file of the District Munsif Court, Ponneri along with the 6th petitioner/proposed plaintiff in I. A. No. 813/99 are the revision petitioners.

(3.) O. S. NO. L63/94 was filed by Arulmigu Prasanna Vinayagar Temple, Minjur, represented by its four trustees for permanent injunction against the defendants. Pending the suit 1st trustee Mr. P. N. Munusamy Chettiar died on 5. 11. 1997. It is stated by the proposed 6th plaintiff in his affidavit filed in support of I. A. No. 813/99 that he was appointed as a trustee for the plaintiff-temple in the place of the deceased P. N. Munusamy Chettiar by the other trustees. Hence he filed the petition to implead himself as the 6th plaintiff in the suit. I. A. No. 813/99 was seriously opposed by the defendants in the suit by contending that the proposed 6th plaintiff cannot be impleaded as a party to the suit proceedings in the place of P. N. Munusamy Chettiar and the other trustees have no right to appoint him as a trustee. The trial Judge by an order dated 6. 4. 2004 dismissed the I. A. No. 813/99 and aggrieved by the same, the above Revision Petition has been filed.