JUDGMENT

(Prayer: Original Side Appeal filed under Order 36 Rule of O.S. Rules read with Clause 15 of Letters Patent, praying to set aside the Order and Decreetal Order dated 22.09.2022 made in Application No.3862 of 2022 in C.S. No.232 of 2021 on the file of this Court.)

Mohammed Shaffiq, J.

A short question that arises for consideration herein is whether a suit under Section 92 of the Civil Procedure Code, 1908 (hereinafter referred to as “the CPC”) having been instituted by two persons on obtaining the leave of the Court, can be maintained/ continued though one of the two persons / plaintiffs withdraws himself from the suit during its pendency resulting in a sole plaintiff alone remaining to prosecute the suit.

1.1. For the sake of convenience, the parties are referred to as per their ranking in the suit in C.S.No.232 of 2021.

2. Brief Facts:

2.1. The 1st appellant herein (1st defendant in the suit) is a Public Trust created under a Deed of Declaration of Trust dated 07.03.1961, registered as Document No.1100 of 1961. The Trust was created for religious and charitable purpose as set out in the Trust deed dated 16.03.1961. Subsequently, another Deed of Declaration of Trust da