Authority: Madras High Court (High Court of Judicature at Madras)

Order Date: 21.08.2026

Case Overview

  • The application was filed by the defendant seeking to implead Thiruneelakandar Trust, represented by its Managing Trustee R. Mohan, as a necessary party in suit A No. 5312 of 2024.
  • Plaintiff (Ms. Auxilia Peter) opposed, arguing the suit was not instituted in the capacity of trustee and the trust was not the subject of relief.
  • The suit is described as a scheme suit; the relief sought is the removal of the defendants (R. Venkat­esh, P. Ganapathi, R. Parthasarathy, V. Lakshmikanthamma) from the trusteeship of the trust on grounds of detrimental conduct.
  • The court examined the substance of the relief, concluding that adjudicating the removal of trustees necessarily affects the administration of the trust, making the trust a necessary and proper party.

Final Outcome

  • The application to implead Thiruneelakandar Trust as a defendant is allowed.
  • No costs are awarded.
  • The plaintiff is directed to amend the plaint and submit a clean copy within two weeks.
  • The matter is listed before the Master for recording evidence on 02.09.2026.

Topics: Trust Law, Civil Procedure