LAKSHMI Vs. THULUKANATHAMMAN TEMPLE

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order and decree passed in I.A.No.1/2012 in O.s.No.368 of 2004 dated 20 th day of June, 2012 passed by the learned Additional District Munsif at Alandur.

(2.) The petitioners are defendants and respondents are plaintiffs in O.S.No.10 of 1997 on the file of Sub Court, Poonamallee which was subsequently transferred to Additional District Munsif Court, Alandur and re-numbered as O.S.No.368 of 2004. The respondents filed the above suit against the petitioners for declaration of title to the 'B' Schedule property, for recovery of possession and for a direction to the petitioners to pay a sum of Rs.29,850/- being the past mense profits at the rate of Rs.30/- per day.

(3.) The petitioners filed written statement on 09.01.1998 and are contesting the suit. The third respondent filed I.A.No.1 of 2012 under Order VI Rule 17 & 18 r/w Section 151 CPC to amend the name of the first plaintiff as D.Sampath Kumar instead of Venkatesan in the short cause title and to delete the name of the second plaintiff Mr.Balachandar in the short and long cause title. According to the third respondent Sampath Kumar, one of the trustee Venkatesan died on 008.2010 and the third respondent is managing the first respondent Temple and he may be permitted to prosecute the case. 3(a) The first petitioner filed counter affidavit and the same was adopted by third petitioner. The petitioners 1 and 3 made various averments against the third respondent. They contended that the third respondent was represented only in his individual capacity and without there being any document, the third respondent cannot represent the first respondent temple. The learned Judge, considering all the materials on record, affidavit and counter affidavit, allowed the application.