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2020 Supreme(Ker) 600

Sree Gurudeva Charitable And Educational Trust – Appellant
Versus
K. Gopalakrishnan, S/o. K. Kochu Raman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.KRISHNUNNI (SR.), SRI.VINOD RAVINDRANATH, SMT.MEENA.A., SRI.K.C.KIRAN, SMT.M.R.MINI, SHRI.ANISH ANTONY ANATHAZHATH
For the Respondent: SRI.K.S.HARIHARAPUTHRAN, SRI.M.DEVESH, SRI.A.N.RAJAN BABU, Adv.

ORDER :

The jurisdictional lineaments and interpretational facets of Section 92 of the Code of Civil Procedure ('CPC' for short) have often engaged the close attention of courts, but the singular question posed in these petitions appears to have not been impelled before or answered by this Court, though the Madras High Court has, in one judgment, dealt with it, though not in detail.

2. The question wears a rather simple look: Can the Court of an Additional District Judge grant leave under Section 92 of the CPC to institute a suit against Public Charities, when there is no notification under Section 7(2) of the Kerala Civil Courts Act, 1957 ('Civil Courts Act' for brevity), authorising it to institute such a suit; and whether the District Judge can, nevertheless, make over a petition seeking such leave to the Additional District Judge?

3. This becomes relevant in the face of the contention of the petitioners in these cases, that only the District Judge is competent in law to consider a petition for leave to sue under Section 92 of the CPC-filed before a District Court -and to grant it and not any other, including an Additional District Judge, when no notification under Section 7(2) of

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