V. K. Khanna, J.

1. This revision has been filed against the order of the District Judge, Saharanpur dated 30-5-1987 allowing the application of the plaintiff to sue under section 92, CPC.

2. Learned counsel for the applicants has urged that the permission granted by the District Judge is without jurisdiction as no notice to the applicant had been issued and such an action of the District Judge is against all the principles of natural justice. It has also been urged that the permission has been granted by a non-speaking order and hence the order is without jurisdiction.

The first question which arises for determination in this case is as to whether it was necessary for the District Judge to issue notice and hear the proposed defendants in the suit before granting the leave. Section 92, CPC was amended by the Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104 of 1976). Before the amendment the suit could be filed either by the Advocate General or two or more persons having an interest in the Trust and having obtained the consent in writing of the Advocate General. After the amendment the words "the consent in writing of the Advocate General" were substituted by the w