SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Mad) 2111

IN THE HIGH COURT OF MADRAS
R. SUBBIAH, T. KRISHNAVALLI, JJ.
Nestore and Ors. - Appellants
Versus
Regeena and Ors. - Respondents
Review Application Nos. 52 and 53 of 2020 in O.S.A. No. 250 of 2019
Decided On : 18-12-2020

Advocates Appeared:
For the Appellant :Kumar Shashank for N.C. Ashok Kumar and T.R. Rajagopalan, Senior Advocate for A. Arun Babu.
For the Respondents:Kumar Shashank for N.C. Ashok Kumar, P.R. Raman, Senior Advocate for C. Seethapathy, V. Ayyathurai, Senior Advocate for A. Durai Ishwar, R. Subramanian for E. Sankar, T.R. Rajagopalan, Senior Advocate for A. Arun Babu and S. Rajasekar.

Headnote:

Constitution of India,1950 - Article 137 - Code of Civil Procedure,1908 - Order XLVII Rule 1 and (c) of Article 145 – Sections 92 and 92 (g) - Civil Courts Act - Section 12 - Suit is maintainable for framing a scheme decree in respect of two public trusts - Scheme in respect of two public Trusts - Whether this Court had allowed to continue suit filed under Section 92 CPC or not - Learned counsel for the Review Applicants in Review Application - Whether the plaintiffs are having any public interest in Trust or their interest is purely personal - Whether factual or legal cannot be subjected to a review under Order 47 Rule 1 of the CPC - Whether findings rendered in the Judgment and decree made in O.S.A. No. to effect that "a single suit is maintainable in respect of two public trust - Whether the points urged by them would warrant a review or there is no merits in Review Application - Whether contentious or not - Whether the averments made in the plaint would prima-facie bring to the fore the breach of trust - Whether plaintiffs have made out a prima-facie case to permit plaintiff to continue the suit or the suit is filed only to wreck personal vengeance against the Trustees or not - Whether Court can allow plaintiff to continue suit or not - Learned counsel appearing for the Review Applicants in Review Application No. 52 of 2020 has invited our attention to Section 92 of Code of Civil Procedure and submitted that a suit can be filed for administration of a Trust, as has been contemplated under Clauses (a) to (h) of Section 92 of CPC - Plaintiffs have filed this suit under Section 92 (g) of the CPC for settling a scheme in respect of two public Trusts, which are the defendants 1 and 2 in the suit - It is his submission that filing of the suit for framing a scheme in respect of two public Trusts, itself, is contrary to the object with which Section 92 of CPC had been enacted can be filed against 'a Trust' in case of necessity for administration of such Trust - Learned counsel appearing for the review applicants placed reliance on a decision of the Supreme Court in the case – Held, Plaintiff to continue the suit or the suit is filed only to wreck personal vengeance against the Trustees or not - If the averments of the defendants are not considered at this stage, it will enable a plaintiff to make allegations, which could not be substantiated by them during the trial - While considering the averments in application seeking revocation of leave, elaboratory enquiry such as a trial cannot be conducted - It will be only a minimum enquiry to arrive at a prima-facie conclusion as to whether Court can allow plaintiff to continue the suit or not - In light of the above observation, we are of the view that observations made in the judgment under review, are liable to be reviewed by holding that averments in the application seeking revocation of leave by the defendants also have to be considered to a limited extent as to whether the Court can allow plaintiff to continue the suit or not - Granting leave or considering an application for revocation of leave, it is sufficient to go into the plaint averments alone, are hereby reviewed holding that at time of granting leave or considering an application for revocation of leave - Applications are allowed

ORDER :

R. Subbiah, J.

1. Both these Review Applications have been filed to review the Judgment and Decree dated 13.02.2020 passed in O.S.A. No. 250 of 2019.

2. By the said Judgment dated 13.02.2020, this Court dismissed two Original Side Appeal Nos. 115 and 250 of 2019, which were filed as against the order dated 03.08.2018 passed by the learned Single Judge in Application No. 60 of 2018.

3. Application No. 60 of 2018 was filed seeking to revoke the leave granted on 23.10.2017 in Application No. 6404 of 2017 in C.S. No. 908 of 2017.

4. By order dated 03.08.2018, the learned Single Judge refused to revoke the leave granted on 23.10.2017 and dismissed Application No. 60 of 2018 for revocation of leave.

5. Aggrieved by the order dated 03.08.2018, as mentioned above, two Original Side Appeals have been filed before this Court. While O.S.A. No. 115 of 2019 was filed by the defendants 7 and 10 in the suit, the other appeal in O.S.A. No. 250 of 2019 has been filed by third parties, who are the Trustees of Sathyabama Educational Trust, challenging the leave granted by the Court. Now, the present Review Applications have been filed only to review the Judgment and Decree dated 13.02.2020 passed in O.S.A. No. 250 of 2019.

6. For better understanding of the array of parties, reference is made to the Review Applicants as well as respondents in these Review Applications as per their litigative status in the suit as "plaintiffs" and "defendants".

7. As we have already dealt with the factual matrix of the case, which led to the filing of O.S.A. Nos. 115 and 250 of 2019 in the Judgment under review, we are not inclined to reiterate them any further in this order.

8. The present Review Applications are filed mainly on two grounds and they are (i) the findings rendered by this Court to the effect that a single suit is maintainable for framing a scheme decree in respect of two public trusts and (ii) at the time of consideration of an application for revocation of leave, it is sufficient to go into the plaint averments alone, are contrary to well settled legal principles of law and there is error apparent on the face of records, and therefore, the Judgment of this Court is required to be reviewed.

9.(i) Mr. Kumar Shashank, learned counsel appearing for the Review Applicants in Review Application No. 52 of 2020 has invited our attention to Section 92 of the Code of Civil Procedure (in short "CPC") and submitted that a suit can be filed for administration of a Trust, as has been contemplated under Clauses (a) to (h) of Section 92 of CPC. The plaintiffs have filed this suit under Section 92 (g) of the CPC for settling a scheme in respect of the two public Trusts, which are the defendants 1 and 2 in the suit. It is his submission that the filing of the suit for framing a scheme in respect of two public Trusts, itself, is contrary to the object with which Section 92 of CPC had been enacted. According to him, a suit can be filed against 'a Trust' in case of necessity for administration of such Trust, for settling a scheme. Since in this case, the suit had been filed for framing such a scheme in respect of two public Trusts, the suit itself cannot be entertained. In this context, the learned counsel appearing for the review applicants placed reliance on a decision of the Supreme Court in the case of Ashok Kumar Gupta Vs. Sitalaxmi Sahuwala Medical Trust, reported in 2020 (4) SCC 321, wherein it was held that unless the conditions specified under Section 92 of the CPC are fulfilled, an action against a public Trust is not maintainable. The learned counsel appearing for the review applicants invited the attention of this Court to the relevant portion of the said judgment, which reads as follows:-

    "12. Three conditions are, therefore, required to be satisfied in order to invoke Section 92 of the Code and to maintain an action under the said section, namely, that;

(i) the Trust in question is created for public purposes of a charitable or religious nature;

(ii) there is

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon Back to top