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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI,
Arulmurugan – Appellant
Versus
Kalaimagal Educational Trust Represented by its Managing Trustee – Respondent
ORDER :
P.B. BALAJI, J.
In a suit in O.S.No.103 of 2012 filed under Section 92 of CIVIL PROCEDURE CODE , an interlocutory application in I.A.No.2 of 2022 has been taken out under Order 1 Rule 8(3) r/w 10(2) and Section 151 of CIVIL PROCEDURE CODE to implead the petitioners 1 and 2 in the present revision, as plaintiffs 4 and 5 in the main suit and the trial Court dismissed the said application. Aggrieved by the same, the proposed parties have chosen to prefer the present Civil Revision Petition in CRP No.3738 of 2022.
2. CRP No.3740 of 2022 has been filed against the order in I.A.No.348 of 2012, revoking the leave granted to sue under Section 92 of Code of Civil Procedure.
3. I have heard Ms.J.Prithvi, learned counsel for the petitioners and Mr.Ramesh, for Mr.M.Guruprasad, learned counsel for the respondents 1 to 9 and the respondents 10 and 11 have been given up by the revision petitioners already.
4. Learned counsel for the revision petitioners would take me through the plaint filed in O.S.No.103 of 2012 and also the application and the supporting affidavits filed in I.A.No.2 of 2022. According to the learned counsel for the revision petitioners, the suit was taken on file after
A party seeking to sue under Section 92 must establish a clear and substantive interest in the trust being challenged; mere affiliation is insufficient.
A Trust can seek relief under Section 92 CPC when it is a party to the proceedings alongside interested individuals, especially in cases of alleged mismanagement.
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.
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....
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.
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