JEYARAM EDUCATION TRUST Vs. A G SYED MOHIDEEN

JUDGEMENT

(1.) Leave granted. Heard learned Counsel for the appellants and respondents. We have also heard the learned Counsel for the State of Tamil Nadu and Registrar General of the Madras High Court to whom notices had been issued in regard to the interpretation of Section 92 of the Code of Civil Procedure ('Code' for short), with reference to the State Government Notification No. GOM No. 727 dated 8.3.1960.

(2.) The respondents instituted a suit (OS No. 13 of 2006) on the file of the Principal District Judge, Cuddalore against the appellants under Section 92 of Code, seeking a direction to the second appellant to repay all the amounts spent by him after 20.6.2005 contrary to the terms of the supplementary deed of Trust, and also to convene the Trust meeting for approval of the income and expenditure and other consequential reliefs.

(3.) Appellants 2 to 4 herein filed a memo before the District Court stating that having regard to the decision of the Madras High Court in P.S. Subramanian v. K.L. Lakshmanan 2007 (5) M.L.J. 921, the court did not have jurisdiction to entertain any suit under Section 92 of the Code and therefore the suit may be transferred to the file of the Principal Subordinate Judge, Cuddalore. The learned District Judge rejected the said memo by order dated 1.8.2007 holding that he had jurisdiction to entertain the suit, as the value of the suit was Rs. 10 lakhs. The revision filed by the appellants, challenging the said order of the District Court, was dismissed by the Madras High Court by the impugned order dated 25.4.2008. The said judgment is challenged in this appeal by special leave. The only question that arises for consideration in this appeal is whether a District Court in the State of Tamil Nadu, does not have jurisdiction to try a suit under Section 92 of the Code.