Skip to content


Ponniathakathoot Parameswarem Munpu and ors. Vs. Moothedath Mallseri Illath Narayanan Namboodri and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in34Ind.Cas.384
AppellantPonniathakathoot Parameswarem Munpu and ors.
RespondentMoothedath Mallseri Illath Narayanan Namboodri and anr.
Cases ReferredChhabila Ram v. Durga Prasad
Excerpt:
civil procedure code (act v of 1908), section 92, order i, rule 10 - public trust--suit by two worshippers with advocate-general's sanction--death of one plaintiff, if causes suit to abate--court's power to add parties--sanction of advocate-general, if necessary for such addition. - .....munusami chetty 13 ind. cas. 232. we think (a) that a suit brought under section 92 of the code of civil procedure is a representative suit and (b) that the court has power to add other worshippers as parties, not because they are the legal representatives of the two persons who instituted the suit with the advocate-general's sanction, but because they had become parties to the representative suit as soon as it was brought on behalf of all the worshippers and the court has power under order i, rule, 10, clause (2), of the code of civil procedure to add persons as additional parties whose presence may be necessary in order to enable the court effectually and completely to adjudicate upon the questions involved in the suit.'2. with respect, we do not agree with the decisions of the.....
Judgment:

1. We agree with Mr. Justice Bakewell's decision in Varadayya Chetty v. Munusami Chetty 13 Ind. Cas. 232. we think (a) that a suit brought under Section 92 of the Code of Civil Procedure is a representative suit and (b) that the Court has power to add other worshippers as parties, not because they are the legal representatives of the two persons who instituted the suit with the Advocate-General's sanction, but because they had become parties to the representative suit as soon as it was brought on behalf of all the worshippers and the Court has power under Order I, rule, 10, Clause (2), of the Code of Civil Procedure to add persons as additional parties whose presence may be necessary in order to enable the Court effectually and completely to adjudicate upon the questions involved in the suit.'

2. With respect, we do not agree with the decisions of the Allahabad High Court [see the recent decision of Chhabila Ram v. Durga Prasad 28 Ind. Cas. 681 which hold that the suit under Section 92 of the Code of Civil Procedure abates on the death of one of the two plaintiffs who first instituted the suit, or that the consent of the Advocate-General is necessary for any other worshipper to be added as a party in order that the suit may be further prosecuted. The point of limitation taken by Mr. Sundaram for the appellants is based on the view that the application made by the 3rd plaintiff to be added as a party was one to set aside the abatement of the suit and to be brought in as legal representative of the 2nd plaintiff. The point does not arise on our above view and the learned District Judge's order is right.

3. We, therefore, dismiss the petition with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //