Tamil Nadu

OPS has filed civil suit against himself, such litigation is not maintainable, EPS argues in HC

AIADMK leader Edappadi K. Palaniswami on Thursday argued before the Madras High Court that a civil suit filed by former Chief Minister O. Panneerselvam to stall the July 11 general council meeting of the party is not maintainable at all since he had filed it against himself.

During the hearing before Justice Krishnan Ramasamy, advocate S.R. Rajagopal, representing Mr. Palaniswami, said the plaintiff had listed six defendants. The first defendant was the AIADMK represented by its coordinator and the joint coordinator (co-coordinator) and the second defendant was the general council, again represented by the two same persons.

The third defendant too had been shown as the central executive committee represented by both the coordinator and the joint coordinator. Since it was the plaintiff’s case that he continues to be the coordinator, how could he file a suit against himself and level allegations against himself, counsel wondered.

He said such a suit was not maintainable and sought the permission of the court to file a counter-affidavit by Friday questioning its maintainability. The judge accepted the request but asked counsel as to who would be filing the counter-affidavit on behalf of the party when there was a dispute over its leadership.

Mr. Rajagopal said the plaintiff himself had provided an answer to that too by listing “the office-bearers of the party headquarters represented by Headquarters Secretary Mr. Palaniswami,” as the sixth defendant. Since he had recognised Mr. Palaniswami to be representing the office-bearers of the headquarters, the counter would filed by the sixth defendant, he added.

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Printable version | Aug 29, 2022 2:46:12 pm | https://www.thehindu.com/news/national/tamil-nadu/ops-has-filed-civil-suit-against-himself-such-litigation-is-not-maintainable-eps-argues-in-hc/article65612916.ece