ST. MARYS CHURCH Vs. SAJU

JUDGEMENT

(1.) The Order passed by the 1st Addl. District Court, Ernakulam in O. P. No. 341/99, dated 28th November 2000 granting leave to the petitioners therein to institute the suit against the respondents under S.92(1) of the C.P.C. is under challenge in this revision petition.

(2.) The respondents filed the above petition seeking leave of the court to institute the suit against the petitioners contending that the 1st respondent in the O. P. is a public religious charitable trust and the petitioners being two of the parishnors and beneficiaries of the trust are filing the suit in the representative capacity under O.1 R.8 of the C.P.C. for the smooth, efficient and proper administration of the Church without its income or assets being dissipated, wasted or alienated.

(3.) The lower court issued notice to the respondents. They appeared and contended that the 1st respondent church is not a public trust created for public purposes having religious nature as contemplated under S.92(1) of the C.P.C. and it is only a private trust not coming within the ambit of S.92 of the C.P.C. The lower court overruled the contention raised by the respondents therein and granted the requisite leave under S.92(1) of the C.P.C.