Madras High Court
C.Thirumurugesan ...Revision vs The Trust Of on 8 March, 2023
C.R.P(MD)No.574 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P(MD)No.574 of 2023
and
C.M.P(MD)No.2688 of 2023
C.Thirumurugesan ...Revision Petitioner/
Respondent/Plaintiff
Vs.
1.The trust of
Shree Laxmi Narayan Dev Temple,
Represented through its Secretary,
Sanjay Kumar Shanthilal Patel,
No.38, Kasak Road,
Paruj Aswamek Nagar,
Gujarat State-392 001.
Represented through the Power Agent Shankar,
S/o.Sevugaperuman,
No.15/8, Sallimalai,
Rameswaram Nagar,
Ramanathapuram District. ...1st Respondents/
Petitioner/1st Defendant
2.T.S.M.Sathak Jalal ...2nd Respondent/
2nd Respondent/
2nd Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to set aside the fair and decreetal order, dated
07.02.2023 made in I.A.No.49 of 2023 in O.S.No.14 of 2021 on the file
of the Additional District Judge, Ramanathapuram.
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C.R.P(MD)No.574 of 2023
For Petitioner : Mr.D.Balamururgapandi
ORDER
This present civil revision petition has been filed against the fair
and decreetal order, dated 07.02.2023 in I.A.No.49 of 2023 in O.S.No.14
of 2021.
2. The petitioner appears to have purchased an extent of 54 cents
of land in S.No.379/6 in Aathikadu, Rameswaram Taluk from the second
defendant. The balance extent of land measuring approximately 1-35-00
hectares was purchased by the first respondent/defendant. There is a
boundary dispute between the petitioner and first respondent herein. The
suit has been instituted by the petitioner against the first respondent
represented by its Secretary, Sanjay kumar Shanthilal patel, through the
power agent, namely, Shankar, who is a witness to the sale deed executed
by the second respondent. In the said proceedings, the first respondent
filed an application under Order 3 Rule 2 of C.P.C.
3. The contention of the petitioner is that the trial Court erred in
allowing I.A.No.49 of 2023 vide impugned judgment and decree dated
07.02.2023 as the first respondent is a trust and the trust can be
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C.R.P(MD)No.574 of 2023
represented in all proceedings only by its trustee unless there is a
delegation power to delegate under the trustee.
4. The learned counsel for the petitioner submits that one
Mr.Shankar is the witness to the sale deed and therefore, the said person
cannot be represent the interest of the first respondent in O.S.No.14 of
2021 contrary to section 47 of the Indian Trust Act read with Order 3
Rule 2 of C.P.C.
5. I have heard the arguments advanced by the learned counsel for
the petitioner and I perused the impugned fair and decretal order, dated
07.02.2022.
6. Section 47 of the Indian Trust Act,1882 reads as under:
"47. Trustee cannot delegate.—A trustee cannot
delegate his office or any of his duties either to a co-trustee
or to a stranger, unless
(a) the instrument of trust so provides, or
(b) the delegation is in the regular course of
business, or
(c) the delegation is necessary, or
(d) the beneficiary, being competent to contract,
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C.R.P(MD)No.574 of 2023
consents to the delegation.
Explanation.—The appointment of an attorney or proxy to do an
act merely ministerial and involving no independent discretion is not a
delegation within the meaning of this section."
7. Prima facie, the challenge to the impugned order appears to be
without any merits. In any event, the issue relating to the power of the
power agent to represent the interest of the trust can be decided as a
preliminary issue after the trial is complete in O.S.No.14 of 2021.
8. The present Civil Revision Petition is liable to be dismissed.
Accordingly, civil revision petition is dismissed. However, the rights of
the petitioner to raise all legal plea relating to the power of first
respondent trust to delegate the power to power agent namely, Mr.Sankar
to represent the interest of the first respondent stands preserved. No
costs. consequently, Connected miscellaneous petition is closed.
08.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sn
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C.R.P(MD)No.574 of 2023
To
1.The Additional District Judge,
Ramanathapuram.
2.The Section Officer
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.R.P(MD)No.574 of 2023
C.SARAVANAN,J.
SN
C.R.P(MD)No.574 of 2023
08.03.2023
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