MURALEEDHARAN, Vs. KURAKKAVU DEVASWOM TRUST BHARANA SAMITHI,

JUDGEMENT

(1.) APPELLANTS sought to institute a suit after seeking leave under Section 92 of the Code of Civil Procedure. The defendants on notice entered appearance and filed their counter affidavit. The court below held that in the light of the counter affidavit, which is not attempted to be challenged by the plaintiffs and on a perusal of the documents produced by defendants 1 to 4, the plaintiffs have no prima facie case and hence the petition was dismissed and leave refused. Appellants are aggrieved by the said order.

(2.) SRI . R. Rajasekharan Pillai, learned Counsel appearing on behalf of the appellants would contend that the court below ought not have looked into the counter affidavit or the documents produced by the defendants at this stage of the proceedings. All that the court is to see at this stage is whether the appellants have made out a case in the sense that whether necessary allegations are made out for granting leave and whether the reliefs sought would fall within Clauses (a) to (h) of Section 92 of Code of Civil Procedure.

(3.) BOTH sides placed reliance on the reported case laws and it is not necessary to refer to all such decisions, except one we found is relevant for the purpose of disposal of this case, which we may do in the course of our discussion below.