Madras High Court reaffirms that leave to sue may be granted when the draft plaint and affidavit are in order and similar suits are pending, offering persuasive authority for future applications under the Societies Registration Act.
Summary
| Category | Data |
|---|---|
| Case Name | A/4087/2025 of John Nellimala Sarai and 2 others Vs The Madras Medical Mission and 2 others |
| CNR | HCMA011833522025 |
| Date of Registration | 18-08-2025 |
| Decision Date | 19-08-2025 |
| Disposal Nature | GRANTED |
| Judgment Author | Honourable Mr. Justice K. Kumaresh Babu |
| Court | Madras High Court |
| Bench | Single Judge |
| Precedent Value | Persuasive |
| Overrules / Affirms | Affirms existing practice under the Societies Registration Act |
| Type of Law | Civil Procedure / Societies Registration Act |
| Questions of Law | Can leave to sue under the Tamil Nadu Societies Registration Act be granted solely on the basis of similar pending suits? |
| Ratio Decidendi |
The Court held that when an application under the Societies Registration Act is supported by a compliant draft plaint and affidavit, and when similar suits are already pending before the same Court, the prerequisite of leave to sue is satisfied. The Court, after examining the plaint and affidavit and noting the pendency of analogous suits, found no reason to withhold leave. As a corollary, the Registry is directed to number the suit if in order. |
| Logic / Jurisprudence / Authorities Relied Upon | The Court relied on its satisfaction with the draft plaint, supporting affidavit, and existence of similar suits pending before it. |
| Facts as Summarised by the Court | Applicants filed an application for leave to sue respondents under the Societies Registration Act, supported by a draft plaint and affidavit; the Court noted similar suits pending and granted leave. |
What’s New / What Lawyers Should Note
- Confirms that the pendency of similar suits before the same Court can satisfy the leave requirement under the Societies Registration Act.
- Highlights the importance of filing a compliant draft plaint and supporting affidavit when seeking leave.
- Directs registries to number the suit immediately upon grant of leave, streamlining the procedural step.
Summary of Legal Reasoning
- The applicants filed an application for leave to sue respondents under the Tamil Nadu Societies Registration Act, attaching a draft plaint and affidavit.
- The Court examined the draft plaint and affidavit to ensure compliance with procedural requirements.
- Noting that similar suits were already pending before the Madras High Court, the Court held that the leave requirement was satisfied.
- Consequently, the application was allowed, and the Registry was directed to number the suit if otherwise in order.
Arguments by the Parties
Petitioner
- Similar suits against the same respondents are pending before this Court.
- The draft plaint and affidavit comply with procedural requirements, justifying grant of leave.
Factual Background
- Applicants sought leave under the Societies Registration Act to sue a registered society and its office‐bearers.
- They filed an application accompanied by a draft plaint and supporting affidavit.
- Learned counsel for the applicants submitted that analogous suits were already pending before the Madras High Court.
- No objections to the form of the plaint or affidavit were raised.
- The Court granted leave, directing the Registry to number the suit.
Alert Indicators
- ✔ Precedent Followed – Affirms established practice under the Societies Registration Act.