R.V.RAVEENDRAN, K.S.RADHAKRISHNAN
Jeyaram Educational Trust – Appellant
Versus
A. G. Syed Mohideen – Respondent
JUDGMENT
R.V. Raveendran, J. —
Leave granted. Heard learned counsel for the appellants and respondents. We have also heard the learned counsel for the State of Tamil Nadu and Registrar General of the Madras High Court to whom notices had been issued in regard to the interpretation of section 92 of the Code of Civil Procedure (‘Code’ for short), with reference to the State Government Notification No. GOM No.727 dated 8.3.1960.
2. The respondents instituted a suit (OS No. 13 of 2006) on the file of the Principal District Judge, Cuddalore against the appellants under Section 92 of Code, seeking a direction to the second appellant to repay all the amounts spent by him after 20.6.2005 contrary to the terms of the supplementary deed of Trust, and also to convene the Trust meeting for approval of the income and expenditure and other consequential reliefs.
3. Appellants 2 to 4 herein filed a memo before the District Court stating that having regard to the decision of the Madras High Court in P. S. Subramanian v. K. L. Lakshmanan -1 2007 (5) Mad. L.J. 921, the court did not have jurisdiction to entertain any suit under section 92 of the Code and therefore the suit may be transferred to the
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