M.SUNDAR,J. - (1.) Instant suit was presented in this Court one decade and two years ago, to be precise, on 28.08.2007. Instant suit is inter alia under Section 92 of 'The Code of Civil Procedure, 1908' ('CPC' for brevity). As instant suit is one inter alia under Section 92 of CPC, leave was granted by a common order dated 22.02.2008.
(2.) Thereafter, the suit traveled through various procedural requirements. Ultimately, more than one decade and one year later, i.e., on 31.10.2019, both the defendants were set exparte and predecessor Hon'ble Judge sent the matter to Additional Master-I for recording ex-parte evidence. Order/proceedings of Hon'ble predecessor Judge dated 31.10.2019 reads as follows: 'Despite several opportunities being given to the defendants for filing written statement, they have not chosen to file the same. Therefore, the defendants 1 and 2 are set exparte. 2. Registry is directed to post the matter before the Additional Master I for recording exparte evidence on 11.11.2019.'
(3.) Ms.T.Iris Sandra, learned counsel representing the counsel on record for plaintiffs submits that ex-parte evidence was recorded before learned Additional Master-I on 25.11.2019. Adverting to the deposition and exhibits, learned counsel submits that second plaintiff T.Chakravarthi, deposed as P.W.2 his chief examination was by way of proof affidavit dated 25.11.2019 and as many as 17 exhibits i.e., Exs.P1 to P17 were marked. Central theme of instant suit is a public charitable trust, which goes by the name 'Thiruneelakandar Trust' ('said Trust' for brevity), constituted by one M.Venugopal Reddy (Son of Muthusamy Reddy), removal/appointment of trustees/co-trustees for said Trust, declaration regarding trusteeship of first plaintiff, direction for recovery of possession of corpus of said Trust, accounts and residuary relief.;