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G. R. SWAMINATHAN
Rev. Fr. Savarimuthu (died) – Appellant
Versus
V. S. Jeyapandi – Respondent
ORDER :
(G.R. Swaminathan, J.)
(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in I.A.No.14 of 2015 in unnumbered suit of 2015 on the file of the learned Principal District Judge, Thanjavur dated 31.03.2021.)
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 unde
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.
The court established that an order granting leave under Section 92 of CPC is judicial and subject to revision, contrary to previous interpretations.
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....
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.
Leave under Section 92 CPC is essential to establish jurisdiction for a scheme suit; without it, interlocutory orders are void.
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 ruled that an ex-parte order is interlocutory and barred from revision under the Commercial Courts Act, but the petitioner retains the right to participate in ongoing proceedings.
A party seeking to sue under Section 92 must establish a clear and substantive interest in the trust being challenged; mere affiliation is insufficient.
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