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2010 Supreme(Ker) 364

THOMAS P.JOSEPH
Musaliyarakath Abdul Azeez – Appellant
Versus
Liwa Educational And Charitable Society – Respondent


Advocates appeared:
For the Petitioners:A.K. Madhavan Unni & S. Ramachandran , Advocate.
For the Respondents:N. M. Madhu, Advocate.

Judgment :

1. Legality and regularity of the order dated 17.02.2010 on I.A. No.2452 of 2009 in O.S. No.184 of 2009 of the court of learned Sub Judge, Manjeri refusing to revoke leave granted to respondent Nos.1 and 2 to institute the suit under Section 92 of the Code of Civil Procedure (for short, "the Code") is under challenge in this Civil Revision Petition. Respondent No.1 is described as an Educational and Charitable Society (for short, "the Trust") represented by its Treasurer and Member in his individual capacity and as its duly authorised representative. Respondent No.2 is said to be a Member of that Trust. Respondent Nos.1 and 2 presented the plaint in the court of learned Sub Judge, Manjeri on 13.08.2009 along with I.A.No.1645 of 2009 seeking leave under Sec.92 of the Code. Learned Sub Judge ordered to number the suit tentatively and to issue summons to the petitioners and respondent No.3/defendant Nos.1 to 3. On 20.10.2009 respondent Nos.1 and 2 pointed out that no formal leave was granted to institute the suit. Learned Sub Judge amended the order dated 13.08.2009 (numbering the suit tentatively) invoking power under Section 152 of the Code and stated that the word "grante













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