Dear Sirs- I am a coopted trustee of a registered trust consisting of a total of 9 trustees. Prior to my being coopted as a trustee, the trust has filed a original suit for recovery of possession of its immovable property (building) against 2 individuals, who are presently in possession. The suit is still pending. During pendency, a trustee (who was one of the plaintiffs in the suit) resigned her trusteeship by way of a letter on account of her advanced age and illness. Her resignation was accepted by the board of trustees and I was coopted as a trustee by way of a resolution.
Recently i applied in the suit, under order 1 rule 10 cpc to be impleaded as a plaintiff- trustee in place of the trustee who had resigned. The defendants filed objections to the application that it is not maintainable because the resignation letter of that trustee and the resolution appointing me as trustee were not produced along with the impleading application.
The court upheld those objections and dismissed my application on the grounds urged by the defendants.
I would like to know if another application under the same provisions can be filed again by producing the resignation letter of the previous trustee and the resolution coopting me as a trustee.
