K. R. RAJAN Vs. CHERIAN K. CHERIAN

JUDGEMENT

(1.) The dismissal of an application seeking revocation of leave granted to the respondentsplaintiffs under Section 92 of the Code of Civil Procedure, is assailed in this original petition.

(2.) Heard learned counsel Sri. N.Asok Kumar for the petitioner-1st defendant and Sri. Joseph P. Alex the learned counsel for the respondents-plaintiffs.

(3.) There is no dispute that, "the Mahatma High School Committee, Chennithala", is a public trust. There is no challenge that, the plaintiffs are persons having "interest" in the trust, as contemplated under Section 92 CPC. It is not in dispute that they are the members of the trust. There is no challenge that the reliefs proposed to be sought for falls within the sweep of Section 92 CPC. It could hardly be contended that the averments in the leave petition does not satisfy the requirements to seek for leave.