A.Arul Mozhi Shivam v. Socio Economic Service Society

A.No.1690 of 2023 in C.S.No.79 of 2022 N.SATHISH KUMAR, J.

This application has been filed to amend the plaint relating to the above suit in such manner for the purpose of determining the real questions in controversy between the parties.

2. The main grievance and the amendment sought in the application is for declaration that the General Body of the Society is the ultimate authority in all matters relating to the Society, as empowered under Clause 10 of the Bye-laws.

3. As the main relief itself is challenging the decision taken by the Executive Committee, when the Bye-laws itself provides that ultimate authority is the General Body, the question of amending the plaint and seeking relief does not arise at all. The relief sought is only academic since the bye-laws itself provides that ultimate authority is the General Body and its decision is binding.

https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR, J.

dhk

4. Such being the position seeking for amendment of declaration to declare that the General Body of the Society is the ultimate authority in all matters relating to the Society, as empowered under Clause 10 of the Byelaws is only academic. Accordingly, the amendment is not required at all at this stage. Hence, this application stands dismissed. 03.01.2024 (1/2) A.No.1690 of 2023 in C.S.No.79 of 2022 https://www.mhc.tn.gov.in/judis