CHENNU MENON Vs. KRISHNAN
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(1.) The appellant contends that the leave to sue given under Section 30 of the Code of Civil Procedure is irregular and therefore the suit should be dismissed.
(2.) The plaintiff who is the manager of a samuham applied for leave to sue the defendants Nos. 1 to 12 on behalf of the samuham to recover certain property. This was refused. The plaintiff thereupon filed the suit in his own name and claimed to recover as manager of the samuham joining other members of the samuham as defendants also. The defendants raised the question as to whether all the members of the samuham were made parties and also contended that the suit would not lie as leave to sue under Section 30 had not been given.
(3.) The Munsif in the course of the case gave leave to sue under Section 30 and ultimately the plaintiff succeeded in both Courts.;
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