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1950 Supreme(Mad) 87

P.V.RAJAMANNAR, SOMASUNDARAM
Abdul Razack Sahib – Appellant
Versus
A. Abdul Hamid Sait – Respondent


Advocates:
John and Row and Sayeed Bashiruddin Ahmed for Appellants.
V. Rajagopalachari for Respondents.

Judgment

The Chief Justice.-The lower Court was right in dismissing the suit on the ground that the sanction of the Advocate-General had not been obtained for its institution. The suit clearly fell within the scope of section 92, Civil Procedure Code. The plaintiff on behalf of all persons interested in a fund which they call the"Mecca Mathinya Imthath Fund" prayed inter alia for a declaration that the defendants were the trustees of a trust known as ‘‘Mecca Mathinya Imthath Fund", for a true and proper account of the funds collected by the defendants, for a direction to the defendants to forward the funds collected by them to their proper destination and for the appointment of a receiver. It is well settled that to determine whether a suit falls within section 92, Civil Procedure Code, we have to look at the plaint and the allegations therein and not to the written statement. The plaint clearly proceeds on the footing that the defendants are trustees though the plaintiffs allege that the defendants had committed breach of trust. Because the defendants were repudiating the obligations on their part, the plaintiffs also wanted a declaration as to the trust nature of the funds collect




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