THOMAS P.JOSEPH
Musaliyarakath Abdul Azeez – Appellant
Versus
Liwa Educational and Charitable Society – Respondent
Thomas P. Joseph, J.—Legality and regularity of the Order dated 17-2-2010 on I.A. No.2452 of 2009 in O.S. No.184 of 2009 of the court of learned Sub Judge, Manjeri refusing to revoke leave granted to respondent Nos.1 and 2 to institute the suit under Section 92 of the Code of Civil Procedure (for short, “the Code”) is under challenge in this Civil Revision Petition. Respondent No.1 is described as an Educational and Charitable Society (for short, “the Trust”) represented by its Treasurer and Member in his individual capacity and as its duly authorised representative. Respondent No.2 is said to be a Member of that Trust. Respondent Nos.1 and 2 presented the plaint in the court of learned Sub Judge, Manjeri on 13"8-2009 alongwith I.A.No.1645 of 2009 seeking leave under Section 92 of the Codde. Learned Sub Judge ordered to number the suit tentatively and to issue summons to the petitioners and respondent No.3/defendant Nos. 1 to 3. On 20-10-2009 respondent Nos. 1 and 2 pointed out that no formal leave was granted to institute the suit. Learned Sub Judge amended the Order dated 13-8-2009 (numbering the suit tentatively) invoking power Under Section 152 of the Code and stated that
Amrithakumari & another v. Ramanathan & others (1998 (2) KLJ 143. (Para 4)
Saraswathi Pillai Mahvir v. Gopala Pillay 1987 (2) KLT 471. (Para 4)
Ranchhoddas v. Mahalaxmi AIR 1953 Bom. 153. (Para 6)
Uma Shanker v. Salig Ram AIR 1975 All. 36 (F.B.) (Para 6)
Pazhukkamattom Devaswom and others v. Kunju Muhammed
Pragdasji Guru Bhagwandasji v. Iswarlalbhai Narsibhai
Mukaremdas Mamudas v. Chhagan Kisan Bhawasar
Bishwanath and another v. Sri Thakur Radha Ballabhji and others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.