M/S.Chithirala Subramaniam v. R.Jayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN A No.539 of 2025 in C.S.No.481 of 2000 M/s.Chithirala Subramaniam Chetty Foundation And Another and 2 Others Applicant(s) Vs R.Jayakumar All at No.75, Dr.Alagappa Road, Chennai 600

084. and 2 Others Respondent(s) For Applicant(s):

Mr.M.Devendran For Respondent(s):

Mr.K.Chandrasekaran

ORDER

This application has been filed to implead the son of the second defendant as the third defendant in the suit.

2. The second defendant has described himself as the President and Trustee of the first defendant Trust. It is contended that he had co-opted his son who is now proposed to be impleaded as a further defendant as a trustee and therefore, the application has been filed to implead his son as a further defendant.

3. Counter affidavit had been filed questioning this application and also raising objections about the resolution which had been passed.

4. Any issue relating to co-opting a further trustee in a pending suit, would only give rise to further acrimonious allegations being raised against both the parties. The proposed defendant is neither a necessary nor a proper party to decide the issues in the suit. The second defendant/applicant is prepared to tender evidence. The suit is at the stage of tendering evidence on the side of the defendants. Therefore without expressing any opinion on the status of the proposed defendant and about his right to be a trustee or not, the application stands dismissed again reiterating that the Court is not expressing any opinion about the status of the proposed defendant. This determination is only to move the suit forward.

30-06-2025 vum

To

1. R.Jayakumar All at No.75, Dr.Alagappa Road, Chennai 600 084.

2. C.Vijay Jayakumar Chennai

3. C.Rajiv Jayakumar Chennai

C. V.KARTHIKEYAN,J., vum A No.539 of 2025 in C.S.No.481 of 2000 30.06.2025

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