NARAIN LAL Vs. SETH SUNDERLAL THOLIA JORHI DEAD

JUDGEMENT

(1.) On September 10, 1955, Narain Lal, Mool Chand, Mangilal and Kesharichand obtained the consent in writing of the Advocate-General. Rajasthan to institute a suit against the respondents under S. 92 of the Code of Civil Procedure. The consent was in these terms:

(2.) A suit claiming any of the reliefs specified in sub-s. (1) of S. 92 of the Code of Civil Procedure in respect of a trust for public purposes of a charitable or religious nature may he instituted 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", and save as provided by the Religious Endowments Act, 1863 and certain other laws, no suit claiming such reliefs in respect of any such trust can be instituted except in conformity with sub-s. (1) of S. 92. In the present case, four persons obtained the necessary sanction of the Advocate-General, one of them died before the suit was filed, and remaining three instituted the suit. The question is whether the suit is brought in conformity with S. 92 (1).

(3.) The decided cases show that a suit under S. 92 must be brought by all the persons to whom the sanction of the Advocate-General has been given, and a suit instituted by some of them only is not maintainable. In Bhagavannarayana vs. Perumallacharyulu, 29 Mad LJ 231, where the sanction was given to four persons and two of them alone brought the suit alleging that the other two had been won over by the defendants and had refused to join as plaintiffs, it was held that the suit was not maintainable. In Pitchayya vs. Venkatakrishnamacharlu, ILR 53 Mad 223, where the sanction was given to three persons, the Court held that the suit instituted by two of them was invalidity brought and the defect could not be cured by impleading the other person as a defendant. In Sibte Rasul vs. Sibte Nabi, ILR (1943) All 112, where four persons obtained the sanction and the suit was instituted by three of them, it was held that the suit was incompetent and the defect could not be cured by impleading the fourth as a plaintiff at the date of delivery of the judgment. We may add that in Venkatesha Malia vs. Rammapallia Ramaya, ILR 38 Mad 1192, where the sanction to sue under S.18 of the Religious Endowments Act, 1863 was given by the district Judge to two persons, it was held that only one of them could not institute the suit.