BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. Senthilkumar, J.
Imayam Trust, represented by its Chairman and ors. - Petitioners
Versus
D.Balakumar and ors. - Respondents
C.R.P.(MD)(PD)Nos.1697 and 1924 of 2019 and C.M.P.(MD)No.9813 of 2019
Decided On : 31-01-2025
ORDER :
N. Senthilkumar, J.
C.R.P(MD)No.1697 of 2019 has been filed challenging the impugned order passed by the learend Principal District Judge, Trichy, in I.A.No.5 of 2019 in O.S.No.170 of 2013, dated 22.08.2019.
2.C.R.P(MD)No.1924 of 2019 has been filed challenging the impugned order passed by the learend Principal District Judge, Trichy, in I.A.No.3 of 2019 in O.S.No.170 of 2013, dated 18.07.2019.
3.As the issues are one and the same and parties are one and the same, these Civil Revision Petitions have been disposed of by way of this common order.
4.The Revision Petitioners in C.R.P.(MD)No.1697 of 2019 are the defendants in the suit in O.S.No.170 of 2013. Originally, the respondents 1 and 2, as plaintiffs, have filed a suit for framing a scheme providing for a better administration of the first defendant Trust and to declare the defendants 2 to 8 are disqualified and ineligible to hold the post of Chairman, Vice-Chairman, Secretary, Treasurer and Trustees and removing the defendants 2 to 8 from the Trusteeship of the first defendant Trust and for appointing an Administrator and for a direction to hand over all accounts to the Administrator and also permanent injunction restraining the defendants 2 to 8 from functioning as Chairman, Vice- Chairman, Secretary, Treasurer and Trustees The above suit was filed on 14.08.2013.
5.The defendants have filed their written statement denying the allegations made by the plaintiffs in the suit.
6.During the progress of the trial, the plaintiffs have filed a petition in I.A.No.3 of 2019 under Rule 76 of Civil Rules of Practice seeking orders to issue summons to produce documents mentioned in the petition.
7.The trial Court while dismissing the claim made by the plaintiffs had observed that the plaintiffs have not raised any specific allegations in the plaint and has now filed the above petition and held as follows:
“It is settled law that the issuance of summons to witnesses is not automatic and the party who seeks such a prayer must reveal the purpose for which the witnesses are proposed to be summoned and in cases, objections are raised, the Court is duty bound to consider the same. As rightly contended by the respondent side, the petitioner cannot seek any blanket orders directing the officials to produce the particulars or records for longer periods. Considering the above, this Court is of the view, the petitioners have not shown any valid or acceptable reason or ground to summon the witness for production of documents. Hence, this Court concludes the above petition is devoid of merits and the petitioners are not entitled to get the relief claimed and the above point is answered accordingly.”
8.Aggrieved by the said order, C.R.P(MD)No.1924 of 2019 has been filed by the plaintiffs in the suit.
9.The plaintiffs have also filed an application in I.A.No.5 of 2019 under Order XI Rule 14 r/w Section 151 CPC asking for production of following documents into the Court as required in Form-5 of Appendix-C in CPC :
“Documents sought to be produced
1.The account numbers and the Name of the Bank of the following institutions:
1.1.Imayam Trust
1.2.Imayam Arts & Science College
1.3.Imayam B.Ed College 1.4.Idhayam B.Ed College
1.5.Imayam Catering College
1.6.Imayam Teacher Training College
1.7.Imayam Polytechnic College
1.8.Imayam Engineering College
1.9.Imayam College of Information and Technology
1.10.Imayam Agricultural College
2.Furnish the Details of Payment made through cheques to private persons from the account of the above institutions?
3.State of accounts of the above during period 2005 to 2013?
4.Amounts in the fixed deposits for the respective college?
5.The particulars of the loan raised on the above deposits during period 2005 to 2013?
6.The counter-foil of the cheque books of the accounts of the above institutions?
7.The extent of lands required for each institutions and agriculture institutions as per the norms prescribed by the competent authorities.
8.The particulars of date of purchase of lands and the year o
Shri M.L.Sethi vs Shri R.P.Kapur
The court upheld the trial court's order allowing document production relevant to the allegations in a public trust administration case, emphasizing the necessity of transparency and accountability.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
Point of Law : If an appeal has been filed therefrom, in accordance with decision of Commissioner on such appeal and provisions of section 21 and 22 shall apply to such amended entries as they apply ....
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 main legal point established is that amendments to pleadings can be allowed if necessary for deciding the rights of the parties, bonafide, and relevant, without causing prejudice that cannot be c....
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
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