Authority: High Court of Judicature at Madras

Order Date: 07.08.2026

Case Overview

  • Parties: Petitioners – The Church Of Christ Home for Needy Children and Widows (Karnataka Society); Respondents – Mount Zion Bible College and Carter Boys Home (Tamil Nadu Society).
  • Civil Revision Petition numbers: CRP No. 1496 of 2023, CMP No. 8396 of 2026 and CMP No. 9899 of 2023.
  • Underlying suit: O.S. No. 62 of 2012 filed in the District Munsif Court, Coonoor, seeking vacant possession of a 2.45‑acre property (S.No. 618/5A, 6183, 616; R.S. Nos. 1097/2, 1098/1, 1036, 1060/1) and Rs 500 damages for unauthorised occupation from 27‑07‑2012.
  • Lease: Property was leased to the defendant society on a yearly basis for Rs 12 starting 01‑02‑1988; lease expired in 2008, defendant refused to vacate, prompting the suit.
  • Death of plaintiff’s President: A. Masilamani died on 29‑04‑2020. An executive committee meeting on 17‑06‑2020 elected D. Samuel Raj as the new President/Chairman (Resolution in Exhibit P2, minutes in Exhibit P6).
  • Trial Court Order: On 20‑01‑2023 the trial court allowed amendment of the plaint under IA.No. 3 of 2020 (Order VI Rule 17 CPC) to substitute D. Samuel Raj as plaintiff’s representative.
  • Revision petitioner’s objections: (i) Alleged improper election of D. Samuel Raj; argued that the amendment should have been filed under Order XXII Rule 10 CPC. (ii) Cited Exhibit P7 showing D. Samuel Raj’s removal from society membership, claiming he cannot continue the suit. Relied on testimonies of PW‑1 (former treasurer) and PW‑2.
  • Respondent’s counter‑arguments: Asserted that the executive committee meeting was valid, D. Samuel Raj was duly authorised, and the amendment merely reflected the death of the former President.
  • Evidence: PW‑1 and PW‑2 examined; 14 plaintiff exhibits (Ex P1‑P14) and 3 defendant exhibits (Ex R1‑R3) marked.

Final Outcome

  • The High Court held that the amendment does not introduce a new cause of action and procedural technicalities should not impede justice.
  • It found no merit in the revision petitioner’s contentions regarding the mode of filing or the alleged irregularity in the election of D. Samuel Raj.
  • The Civil Revision Petition is dismissed with no costs, and all connected miscellaneous petitions are closed.

Topics: Civil Procedure, Society Dispute