VIDYODAYA TRUST Vs. MOHAN PRASAD

JUDGEMENT

(1.) Did the Court below go wrong on facts in granting leave and in holding that the suit under S.92 of the CPC is maintainable Should the Courts insist invariably that O.1 R.8 publication is taken out in all suits under S.92 of the CPC Can the Cotrustees be granted leave to institute a suit under S.92 of the CPC Is there any conflict between the decision of the Single Bench in Amrithakumari v. Ramanathan, 1998 KHC 365 : 1998 (2) KLJ 143 : 1998 (2) KLT 305 and the decision of the Division Bench in P. V. Mathew and Others v. K. V. Thomas and Others, 1982 KHC 117 : 1982 KLT 493 : 1982 KLJ 634 : 1982 KLN 531 : AIR 1983 Kerala 5 These questions are raised in this Revision Petition.

(2.) Against the finding on the preliminary issue that the suit under S.92 of the Code of Civil Procedure is maintainable, defendants 1 to 3, 6, 8 and 10 have come to this Court with this CRP. The learned District Judge had taken the view that the suit is maintainable and is perfectly justified under S.92 of the Code.

(3.) Certain crucial facts are not in dispute and I shall advert to them first. The first defendant is a Public Trust of charitable nature. The reliefs claimed in the suit do certainly fall within the reliefs enumerated in S.92 of the Code. There are allegations that there is breach of the stipulations of the trust deed and that directions of the Court is necessary for the proper administration of such Trust.