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G. R. SWAMINATHAN
Savarimuthu – Appellant
Versus
V. S. Jeyapandi – Respondent
ORDER :
(G.R. Swaminathan, J.)
1. The respondents herein filed a suit under Order 7 Rule 1 read with Section 92 of CPC for settling a scheme for administration of the Madha Trust, Maruthanallur, Kumbakonam established under trust deed dated 22.12.1999. Since leave must be obtained for taking such a suit on file, they filed I.A.No.14 of 2015. Notice was ordered. After hearing both sides, the IA was allowed vide order dated 31.03.2021. Questioning the same, this Civil Revision Petition has been filed.
2. The Interlocutory Application could not have been allowed for two reasons. Firstly, Madha Trust had not been impleaded as one of the respondents. Secondly, except making a bare averment in the plaint as well as in the supporting affidavit that they are beneficiaries of the Trust, the applicants have not shown as to how they are interested in the Trust.
3. The aforesaid issues go to the root of the matter and the impugned order granting leave under Section 92 of CPC deserved to be straighaway set aside. When I was about to do so, the learned counsel for the respondents submitted that my hands are tied since the Civil Revision Petition itself is not maintainable. He contended that in a cat
The court established that an order granting leave under Section 92 of CPC is judicial and subject to revision, contrary to previous interpretations.
An order granting leave under Section 92 of CPC is a judicial order, subject to revision, and requires necessary parties to be impleaded and interests to be established.
It is true that power under Section 92 CPC in respect of the same trust is exerciseable once and is not to be invoked by a fresh suit over and over again. A decree under Section 92 is result of a cla....
Leave under Section 92 CPC is essential to establish jurisdiction for a scheme suit; without it, interlocutory orders are void.
Partial rejection of a plaint is impermissible; if any relief survives, the action cannot be dismissed in parts, emphasizing the need for whole plaint consideration.
The court affirmed that once leave under Section 92 of the C.P.C. is granted and confirmed, it cannot be revoked without merit, highlighting procedural preclusion against repetitive challenges.
The main legal point established in the judgment is that a Civil Revision Petition is not maintainable against an order declining leave to defend a suit under Order 37 of C.P.C., and only a regular a....
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
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