SULAIMAN Vs. CHUNAKARA S M JAMA ATH

JUDGEMENT

(1.) A question of general importance arises in the Civil Miscellaneous Appeal. It relates to the power of a court to appoint a receiver, in proceedings in relation to a Trust under S.92 of the Civil Procedure Code, at a stage before leave to institute the suit is granted.

(2.) The court below declined to consider a Receiving application at such a stage, as it felt that it had no jurisdiction to deal with such a prayer at a stage before permission is granted by the court and before the proceedings assumed the form of a regular suit. In taking that view, the court below felt bound by the observations of this Court in the decision reported in Achuthan Pillai v. Mohanan Unnithan, 1979 KLT Short Notes 53 (Case No. 116). The correctness of the view taken by the court below is challenged in the appeal.

(3.) The skeletal facts necessary for the determination of this legal issue are as follows: The Original Petition, O.P. No. 98 of 1979 was filed seeking leave under S.92 CPC, for instituting a suit against the counter petitioners, of whom the first is a public Trust of a religious nature. Counter petitioners 2 to 6 are the present office bearers of the Trust It was alleged that the office bearers, except counter petitioner No.6 were not managing the Trust properly and that they were guilty of condemnable conduct in relation to the affairs of the Trust.