B SIVANTHI ADITHYAN Vs. B RAMACHANDRA ADITHYAN

JUDGEMENT

(1.) WHILE Application No.3640 of 2006 is filed by the defendants 1 to 3 in the suit Application No. 2065 of 2007 is filed by the defen-dants 5 and 6, for rejecting the plaint in C.S. No. 498 of 2004, under Order 7 Rule 11.

(2.) I have heard Mr. T.R. Mani, learned se-nior counsel appearing for the applicants in A.No.3640 of 2006 (defendants 1 to 3 in the suit), Mr. R. Murari, learned counsel appearing for the applicants in A.No.2065 of 2007 (defendants 5 and 6 in the suit) and Mr. C. Harikrishnan, learned senior counsel appear-ing for the respondents 1 to 4 in both the applications (who are the plaintiffs in the suit).

(3.) IN this case, according to the learned se-nior counsel for the applicants, leave was granted under Section 92(1) C.P.C., to six persons, out of whom only four had chosen to in-stitute the suit. Therefore, such institution, which is not in accordance with the leave granted, is wholly unsustainable in law, rendering the plaint liable to be rejected.