SAMI ARUL EDUCATIONAL TRUST v. A. ARUL LAWRENCE SELVAKUMAR

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO. 27260 OF 2024)

1. Leave granted.

2. Heard Mr. K.S. Mahadevan, learned counsel appearing for the

appellants/trustees (defendant Nos. 2 to 7). The plaintiffs in the

O.S. No. 9 of 2005 are the contesting respondents and they being

represented by Mr. S. Nagamuthu, learned senior counsel.

3. The High Court in the impugned order dated 05.08.2024 observed

that the specific date on when the cause of action arose (whether

on 13.02.2004 or on 13.02.2005), should be decided and to decide

the said issue, the matter was remitted back to the trial court.

4. The argument of Mr. K.S. Mahadevan, learned counsel is that

when all the documents including the evidence of the parties are

available in the first appeal before the High Court, the High Court

should have decided the issue on its own instead of remitting the

matter to the trial court, which dismissed the Suit on 20.01.2015.

5. Responding to the above, Mr. S. Nagamuthu, learned senior

counsel would submit that the defendants might have to file an

appropriate application on the issue of cause of action, to clarify

the date, on which the cause of action arose. He does not however

oppose the prayer made by Mr. K.S. Mahadevan from the appellants’

side, for remittin...