Court : Chennai
Decided on : Nov-07-1890
Reported in : (1891)ILR14Mad186
Muttusami Ayyar, J.1. The appellants are parties interested in the due administration of an endowed public charity in Tanjore, and the respondent is its present trustee by right of inheritance. The former charged the latter with negligence and misconduct and instituted this suit in the District Court of Tanjore to remove him from the office of trustee and to have another appointed in his place. The Judge held that he had no jurisdiction to entertain the suit under Section 539 of the Code of Civil Procedure, and, relying on the decision in Narasimha v. Ayyan I.L.R. 12 Mad. 157), dismissed the claim with costs.2. The contention in appeal is that the Judge has jurisdiction, and if he has no jurisdiction, he ought to have returned the plaint to be presented to a Court of competent jurisdiction. It is urged that since Narasimha v. Ayyan I.L.R. 12 Mad. 157), was decided, Section 539 has been amended, and that, as pointed out in Chimpa v. Pattabhirama (Appeal No. 199 of 1887 not reported), th...
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