SUNDARALINGAM CHETTIAR Vs. S NAGALINGAM CHETTIAR

JUDGEMENT

(1.) The petitioners, who were the plaintiffs in O.S. No. 135 of 1955, on the file of the Subordinate Judge's Court, Madurai, applied under Section 115, Civil Procedure Code, to revise the order of the learned Subordinate Judge, who rejected their application to amend the plaint in that suit.

(2.) The suit was filed under Section 92, Civil Procedure Code and the main reliefs asked for in the plaint were (1) to modify the scheme and to provide for expenses for educational purposes out of the trust funds, and (2) the removal of defendants 1 to 5 from the trusteeship and the appointment of fresh trustees in their place. I am not concerned in these proceedings with the first of these two reliefs. In paragraph 14 of the plaint the plaintiffs set out the grounds on which they sought the removal of the trustees, defendants 1 to 5, which in substance were mismanagement of the trust funds, to which it was alleged internecine quarrels between the trustees also contributed. The amendment sought was the addition of a further plea which ran:

(3.) The learned Subordinate Judge held that it was a new case that the plaintiffs attempted to set up, which is not permissible by way of amendment. He held further that the scope of the suit filed under Section 92 of Civil Procedure Code should not be permitted to be enlarged beyond that of the sanction accorded by the Advocate-General.