K.Dharmaraj v. Sir,M.Ct.Muthiah Chettiar High Secondary School Trust

A.No.4345 of 2024 in C.S.No.717 of 2016 A.A.NAKKIRAN, J.

This application has been filed to transpose the applicants/defendants 6 to 9 in the above suit as plaintiffs in the suit and to rank them as plaintiffs 6 to 9 therein.

2. Heard both sides.

3. The learned counsel for the applicant/9th defendant submitted that she is the parent of two students, who had studied in Sir.Ct.Muthiah Chetty Higher Secondary School. He submitted that the present Trustees are thrwarted the objectives of the Trusts. The present Trustees are not interested to prosecute the case. Therefore, he prays to transpose the applicants/defendants 6 to 9 in the above suit as plaintiffs in the suit as plaintiffs 6 to 9 therein. If this application is allowed, no prejudice would be caused to the respondents. Hence, he prays to allow this application.

4. The learned counsel for the respondents 1 to 5 submitted that an appropriate order may be passed by this court. https://www.mhc.tn.gov.in/judis

A.A.NAKKIRAN.,J

5. The learned counsel for the respondents 6 to 8 submitted that as per Section 92 of CPC, these applicants are not competent and interested persons and not entitled for transposition as plaintiffs. Hence, this application is not maintainable and liable to be dismissed.

6. Considering the facts and circumstances of the case, and submissions made on either side and upon perusing the materials available on record and considering the fact that the applicants are not interested parties, this application is dismissed.

Gv 04.02.2025 Note: Registry is directed to print the name of the plaintiffs in the cause list and post the suit on 13.02.2025 for appearance of the plaintiffs. A.No.4345 of 2024 in C.S.No.717 of 2016 https://www.mhc.tn.gov.in/judis