THAMARAI TRUST Vs. MUKUNDAN

JUDGEMENT

(1.) These civil revision petitions have been filed against orders dated 02.02.2016 made in I.A. No. 1220 of 2015 and 01.04.2016 made in I.A. No. 220 of 2014 respectively in O.S. No. 70 of 2014 on the file of the II Additional District-cum-Sessions Judge, Tiruppur.

(2.) The petitioner is 8th defendant, respondents 1 to 3 are plaintiffs and respondents 4 to 10 are other defendants in the original suit. The respondents 1 to 3/plaintiffs filed a suit in O.S. No. 70 of 2014 for declaration and rendition of accounts of the 1st defendant Charitable Trust and for other reliefs. The respondents 1 to 3/plaintiffs filed an interlocutory application in I.A. No. 220 of 2014 seeking leave of the Court to sue against the Charitable Trust under section 92(1) of Civil Procedure Code along with the original suit. The trial Court after giving due opportunities to both the parties allowed the application by order dated 01.04.2016. The petitioner/8th defendant has filed an application in I.A. No. 1220 of 2015 under Order 7 Rule 11 seeking rejection of plaint on the ground that the plaintiffs have not obtained leave of the Court under section 92(1) of CPC. The trial Court dismissed the application by order dated 002016.

(3.) Aggrieved against the above two orders dated 02.02.2016 made in I.A. No. 1220 of 2016 and 01.04.2016 made in I.A. No. 220 of 2014, the 8th defendant is before this Court with these civil revision petitions.