JUDGMENT :

V. PARTHIBAN, J.

Prayer: Plaint filed under Order IV Rule 1 of the Madras High Court Original Side Rules, read with Order VII Rule 1 of the Civil Procedure Code (CPC) and Section 92 CPC and numbered as Civil Suit Diary No. 10685 of 2017, filed, and praying for judgment and decree as follows:

(a) to remove the defendants 3 to 13 all the present Trustees from defendants Nos. 1 and 2.

(b) to appoint a Board of Trustees for defendant Nos. 1 and 2.

(c) for Permanent injunction restraining the defendants 3 to 13 present Trustees in any manner, interfering with administration of the defendant Nos. 1 and 2 institutions.

(d) to direct the defendants 3 to 13 Trustees to produce true accounts relating to trust properties of defendant Nos. 1 and 2 institutions.

Judge's summons issued under Order XIV Rule 8 of the Original Side Rules of this Court, read with Section 92 CPC and Application No. 3655 of 2017 in C.S. Diary No. 10685 of 2017, filed praying to grant permission under Section 92 CPC to institute the suit before this Court.

Judge's summons issued under Order XIV Rule 8 of the Original Side Rules of this Court, read with Clause 12 of the Letters Patent and Application No. 3656 of 2017 in C.S. Diary No. 10685 of 2017, filed praying to grant leave to sue under Clause 12 of the Letters Patent, the defendants 5, 7 and 8 to 13, who are outside the Jurisdiction of this Court, as defendants before this Court.

1. The suit in C.S. Diary No. 10685 of 2017 filed for the following reliefs:

(a) to remove the defendants 3 to 13, all the present Trustees, from defendants Nos. 1 and 2.

(b) to appoint a Board of Trustees for defendant Nos. 1 and 2.

(c) for permanent injunction restraining the defendants 3 to 13, present Trustees, in any manner, interfering with administration of the defendant Nos. 1 and 2 institutions.

(d) to direct the defendants 3 to 13/Trustees to produce true accounts relating to Trust properties of defendant Nos. 1 and 2 institutions.

2. Application No. 3655 of 2017 in C.S. Diary No. 10685 of 2017 is filed by the plaintiffs to grant permission under Section 92 of the Code of Civil Procedure (for short ‘CPC’) to institute the suit before this Court and in the affidavit filed in support of the said application, which is sworn to by the second plaintiff on behalf of himself and also on behalf of the first plaintiff, it is stated as follows:

The main suit is filed against the Church of South India (for short, CSI), which is a Public Charitable Religious Trust. The second plaintiff is a member of the C.S.I. Emmanuel Church at Anna Nagar. The second plaintiff is the person interested in proper administration of the said Trust, as per the constitution of the C.S.I. He has a substantial interest in the C.S.I. Trust. The main object of filing the present suit is for public good. The Church and its immovable properties are put to use by the Trustees not for the object intended to be caused on endangering the very existence of the Church itself. The suit is filed in a representative capacity to facilitate the decision of questions in which large number of persons are interested and have common grievance. The present leave is sought to file the scheme suit against the second respondent-Trust and the Trustees to put an end to the acts of devastation and to install faith in the beneficiaries. Mismanagement by the Trustees is well known to the public and misappropriation of the Trust monies had gone to intolerable limits. Hence, the present Application No. 3655 of 2017 is filed for the relief stated supra.

3. Application No. 3656 of 2017 in C.S. Diary No. 10685 of 2017 is filed to grant leave to sue the defendants 5, 7, and 8 to 13 who are outside the Jurisdiction of this Court, as defendants before this Court and in the affidavit filed in support of the said application, is sworn to by the second plaintiff, stating as follows:

The suit is filed against the Church of South India, which is a Public Charitable Religious Trust. Since the defendants 5,