This Civil Revision Petition is directed against the order dated 05.12.2016 passed in I.A. No. 134 of 2014 in O.S.No.523 of 2010, by the learned Principal District Judge, Coimbatore.

2. The petitioner is the defendant before the Trial Court. The suit was filed by the respondent/plaintiff to (i) declare them as one of the Co-Trustees along with the petitioner/defendant in “Sri Devanna Gowder Memorial Trust; (ii) to direct the petitioner/defendant to render true and correct of accounts of all the amounts collected by him and the amounts spent by him in respect of Sri Devanna Gowder Memorial Trust and to remit the balance amount to the Trust account; and (iii) to grant permanent injunction, restraining the defendant, his men; relative and agents in any manner individually deal with the funds and the property of Sri Devanna Gowder Memorial Trust.

3. The petitioner/defendant has filed a petition under Order VII Rule 11 of the Civil Procedure Code to reject the plaint on the ground that the plaint does not disclose the cause of action.

4. Admittedly, the relief sought for in the plaint is to declare the respondent/plaintiff as one of the Co-Trustees in the Trust. Originally, the plaint was filed under Order VII Rule 1 read with Section 92 of the Civil Procedure Code. However, at a later point of time, by way of an amendment, Section 92 was deleted. It is sought that it is not a suit against the Public Charities, but against an individual. The petitioner/defendant was also described as an individual. In para IV of the plaint, the cause of action was said to have arisen in the year 1932, when the plaintiff Sangam was established and when the Trust was conducted in a peaceful manner by the founder trustee and when the defendant was nominated as co-trustee along with the respondent/plaintiff, when the petitioner/defendant failed to run the Trust as per the intention of the founders and also failed to furnish the accounts and not properly co-operating with the respondent/plaintiff to run the Trust jointly. Therefore, the entire the cause of action revolves around the Trust, particularly, after the appointment of a co-trustee and rendition of accounts.

5. As per Section 92 of Civil Procedure Code, in respect of Trusts, leave of the Court shall be obtained to institute a suit. In this case, by way of amendment, Section 92 of the Civil Procedure Code was deleted and leave was not granted. The Trial Court while discussing this issue, has observed that the suit was filed under Section 92 of the Civil Procedure Code and after due process i.e., obtaining permission of the Court the suit was taken on file.

6. The learned counsel for the petitioner would vehemently contend that the Court below has not granted any leave and the finding is wrong.

7. The learned counsel appearing for the respondent also admits that no leave was granted, as by way of amendment, Section 92 CPC was deleted. However, the learned counsel for the respondent/plaintiff would contend that the defendant was impleaded in his individual capacity and not as a Trustee, and therefore, leave is not necessary.

8. From the perusal of the averments made in the plaint, as well as the cause of action and the relief sought for, it is clear that entire the suit revolves around the Public Charitable Trust, namely Sri Devanna Gowder Memorial Trust. The main relief itself is for declaring the respondent/plaintiff as one of the Co-Trustees and for rendition of accounts. It is also crystal clear that under Section 92 of the Civil Procedure Code, the issue is revolving around appointment of Trustees and rendition of accounts of a Trust and the suit shall be filed under Section 92 of the Civil Procedure Code, with the leave of the Court. Therefore, on the preliminary issue itself is that the plaint does not disclose a cause of action in respect of an individual person, but the cause of action pertains to a Trust. In effect, there is no cause of action against an individual and therefore, the