Plaint under Order VII Rule 1 C.P.C.

Summary

This 1974 plaint in the City Civil Court, Madras, is filed by G. K. Sundaram, V. S. Srikumar, and V. Devanathan on behalf of the Tamilnadu Swatantra Party. It presents the party as an independent political organisation founded by C. Rajagopalachari and other national leaders, governed by its constitution and national conventions, and represented in Tamil Nadu by its elected office-bearers. The plaintiffs seek to protect the party’s administration, premises, assets, symbol, and continued independent existence.

Key points

• The plaintiffs describe the Swatantra Party as an All India national political party founded by C. Rajagopalachari and other leaders.
• The plaint asserts that the Tamilnadu Swatantra Party has its own membership, constitution, office-bearers, programme, and assets.
• The defendants are accused of aligning with the newly formed Bharatiya Lok Dal after purported national-level resolutions to dissolve or merge the Swatantra Party.
• The plaintiffs allege that the defendants unlawfully entered the party office at 76 G. N. Chetty Road, Madras, attempted to install a new name board, and sought to hoist the Bharatiya Lok Dal flag.
• The plaintiffs argue that national resolutions could not legally dissolve the Swatantra Party or transfer its assets without authority under the party constitution.
• The requested relief is a permanent or prohibitory injunction restraining the defendants, their agents, servants, and supporters from interfering with the plaintiffs’ management and possession of the party’s premises and assets.
• The attached affidavit by V. S. Srikumar reiterates that the Tamilnadu Swatantra Party had no connection with the Bharatiya Lok Dal and that the alleged merger was legally ineffective.