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Showing contexts for: issue recast in V. Prakash @ G.N.V. Prakash vs M/S P.S. Govindaswamy Naidu And Sons ... on 9 May, 2022Matching Fragments
11.1. On the other hand, respondent Nos. 1-8 submitted that the suit was not maintainable and denied the claim of appellant by contending that the judgment dated 16.04.2013 in O.S. No. 631 of 2012 was on recast issues, without any decision on the issue of qualifications of the appellant. Reference was made to page 10 of the said judgment that had been as under: -
"Both sides chose to leave those issues (issues on disqualification of Mr. Naren Rajan and Mr. Prakash) open as could be gathered during the course of the arguments. Accordingly, the issues are recast as below".
Findings of the Trial Court
12. After a detailed analysis of the material placed on record as also the previous litigations, the Trial Court decided the question of qualification to be appointed as founder trustee in favour of the appellant. A few of the relevant observations and findings of the Trial Court as occurring in paragraphs 40 and 44 of its judgment could be profitably reproduced as under: -
“40. Ex.A.2 is the judgment and decree passed in O.S.No.631/2012. In the said suit, the plaintiff’s uncle V.Rajan and his son are the plaintiffs. The said suit was filed seeking for the relief of declaration challenging the validity of the meeting of Board of Trustees of the 1st defendant trust and other reliefs. In the said suit the plaintiff herein has been arrayed as 10 th defendant and the defendants herein were also arrayed as defendants. The said suit was ultimately dismissed with the direction to the Board of Trustees that it shall choose one from among the 2 nd plaintiff (Naren Rajan) and the 10 th defendant (V.Prakash @ G.N.V.Prakash, the plaintiff herein) to represent the branch of late.PSG Narayanasamy Naidu in the Board consistent with the spirit of SOA. In the said suit though the Rajan and Naren Rajan pleaded about the alleged disqualifications of the plaintiff herein, later on, they did not press the said plea. In fact, both sides choose to leave those issues open. The 1 st defendant trust or any other defendants did not raise any plea about the alleged disqualifications of the plaintiff. Even though the issues were recasted, the learned Additional District Judge, after satisfying the qualification of the plaintiff herein, arrived the said decision. *** *** ***