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2012 Supreme(Ker) 304

S.S.SATHEESACHANDRAN
Church Of South India, Represented By Its General Secretary – Appellant
Versus
T. J. John – Respondent


Advocates Appeared:
For the Petitioners:Sathish Ninan, Santhosh Mathew, Arun Thomas, Advocates.
For the Respondents:R1 & R2, K.V. Sadananda Prabhu, Titus Manivettom, Advocates.

Judgment :-

S.S. Satheesachandran, J.

1. Challenge in the original petition is against Ext.P4 order passed by the learned District Judge, Ernakulam granting leave to institute a suit under Section 92 of the Code of Civil Procedure, for short, the 'Code' against the petitioners, the first among whom is a trust created for public purposes of charitable and religious nature and the second, its trustee.

2. The respondents, two in number, who claimed to be persons having interest in the 1st defendant, moved Ext.P1 application seeking leave to sue the petitioners under Section 92 of the Code producing a draft copy of the plaint, in which, alleging breach of trust, removal of the trustee, preparation of a scheme for administration of the trust, settlement of accounts etc. were canvassed as reliefs. The application for leave was opposed by filing of a counter affidavit (Ext.P2) by the General Secretary of the 1st petitioner, who also claimed to be the Secretary of the 2nd petitioner. An additional objection was also later filed by the counsel for the petitioners as Ext.P3. The learned District Judge, after hearing both sides, granted leave to institute the suit under Section 92 of the Code













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