T R SANJEEV Vs. KARANAKODAM SRI VENKITACHALAPATHY DEVASWOM

JUDGEMENT

(1.) This appeal is filed by the plaintiffs in O.S.No. 34 of 2002 on the file of the VIth Additional District Court, Ernakulam, dismissing an application seeking sanction to institute a suit under Section 92 of the Code of Civil Procedure. Earlier, by order dated 10.12.2002, the District Court had allowed the application. Defendants filed C.R.P.No. 694 of 2003 before this Court. By order dated 15.3.2004, a learned single Judge of this Court allowed the revision and remanded the case to the Trial Court. The Trial Court while allowing the application under Section 92 stated that the petitioners are devotees and worshippers of the 1st defendant temple and the relief sought for is for settling a scheme for the administration of the temple. The learned Judge found that mere interest in the temple or the fact that the plaintiff is a devotee of the temple by itself is not sufficient to enable a person to file an application under Section 92. Only if two or more persons having any interest in the trust (emphasis supplied) and having obtained leave of the Court can institute a suit. What is to be considered is whether the plaintiff has any interest in the trust. A trust is different from temple. After stating the law thus, the learned single Judge remanded the case for the purpose of considering as to whether the petitioners have made necessary averments showing their interest in the Trust.

(2.) By the order under challenge in this appeal, the Trial Court has now found that the plaintiffs have not made out a case that they have any active interest in the subject-matter of the dispute. Therefore, the permission sought for was refused. The Trial Court found that the first defendant temple is a 'Keezhedam' of Cochin Thirumala Devaswom, the second defendant, and there is a scheme under which the administration of the 2nd defendant is being carried out. It is held that the petitioners have not made out a case that they have any active interest in the subject-matter of dispute.

(3.) According to the learned counsel for the appellant, the Trial Court has not complied with the order of remand inasmuch as there is no clear finding as to whether the plaintiffs have any interest in the Trust. The learned counsel for the appellant pointed out certain paragraphs in the plaint to show that there are necessary averments in the plaint to attract Section 92 of the Code of Civil Procedure. In particular, the learned counsel pointed out the following sentences in the plaint. In paragraph 3 of the plaint, it is stated as follows: