CHANDRA WARRIER Vs. N S S KARAYOGAM

JUDGEMENT

(1.) Revision petitioners are the plaintiffs. They are members of Antheenadu Warriam. The suit is filed for a declaration that N.S.S. Karayogam (hereafter referred to as the defendant) has no right to administer the temple which belongs to the family of the plaintiffs and also for rendition of accounts.

(2.) Main defence is that the suit is not maintainable as no sanction was obtained under S.92 C.P.C. That plea was accepted by the Trial Court and the lower appellate Court.

(3.) Contention of the plaintiffs is that the suit is only for a declaratory relief that the defendant has no right to administer the affairs of the temple belonging to their family and that being purely a vindication of private right the averments in the plaint alone are decisive while considering the applicability of S.92 and not the defence contentions. The question for consideration is when private rights are alleged whether it is necessary for the Court to delve into the defence plea or confine itself to the pleadings in the plaint.