K.Ramakrishnan v. The Periyar Self Respect

in CS.No.814 of 2008 N.SATHISH KUMAR, J.

These applications have been filed (i) to strike out the applicant/2nd defendant from the array of parties in the plaint in C.S.No.814 of 2008 and (ii) to reject the plaint in C.S.No.814 of 2008 respectively.

2. It is learnt that the Hon'ble Supreme Court has directed the High Court to expedite the trial and to decide the suit. In such view of the matter, as per the direction of the Hon'ble Apex Court, the trial can be proceeded with expeditiously.

3. As far as the second defendant in A.No.7171 of 2018 is concerned, it is the contention of the applicant / second defendant that he is neither General Secretary nor the member of the organisation and therefore, he is not a necessary party to the suit proceedings. The learned counsel appearing for the plaintiff has no objection in striking out the name of the applicant/2nd defendant from the application. Therefore, the second defendant need not be arrayed as party to the suit. Hence, Registry is directed to make necessary correction in the suit in C.S.No.814 of 2008 on or before 27.11.2019. Accordingly, A.No.7171 of 2018 is 1/3

ordered.

4. As far as A.No.794 of 2019 is concerned, it is submitted by the learned counsel for the applicant / second defendant that the application may be closed as having become infructuous. Accordingly, A.No.794 of 2019 is closed as having become infructuous.

5. Registry is directed to list the matter before Master on 19.11.2019 for cross examination of PW1 and also for recording plaintiff's side evidence and the same will be completed on or before 29.11.2019. 24.10.2019 dn 2/3

N.SATHISH KUMAR, J.

dn in CS.No.814 of 2008 24.10.2019 3/3