S SHIVASHANKAR Vs. SIVABAKKIAM MUTHUSAMY TRUST

JUDGEMENT

(1.) The Defendants are the revision petitions. Originally, O.S. No. 397 of 2008 was filed on the file of the Sub Court, Tiruchengode under Section 92 of the Code of Civil Procedure for declaration and for removal of the revision Petitioners from the office of the Management of the Plaintiff Trust and for directions. While the suit was pending before the Sub Court, Tiruchengode, the revision Petitioners filed I.A. No. 131 of 2008 under Order VII Rule11 of the Code of Civil Procedure to reject the plaint stating that the suit was not filed by proper persons as per Section 92 of the Code of Civil Procedure and no leave was obtained and the Trust cannot maintain a suit under Section 92 of the Code of Civil Procedure. That application was dismissed by order dated 5.8.2008. Thereafter, the suit was transferred to the file of the Additional District Judge (Fast Track Court), Namakkal andre-numbered as O.S. No. 142 of 2008 and after the suit was transferred, the Respondent/Plaintiff filed application to amend the pleadings and after the plaint was amended, the revision Petitioners filed I.A. No. 184 of 2010 in O.S. No. 142of 2008 for rejection of plaint raising the very same plea and that petition was dismissed by order dated 1.7.2010.

(2.) Aggrieved by the above orders, these two revision petitions are filed. C.R.P.(PD) No. 3282 of 2010 was filed against the order passed in I.A. No. 131 of 2008 in O.S. No. 397 of 2008 on the file of the Sub Court, Tiruchengode and C.R.P.(PD) No. 3281 of 2010 was filed against the order passed in I.A. No. 184 of 2010 in O.S. No. 142 of 2008.

(3.) It is submitted by the learned Counsel for the revision Petitioners Mr. D. Pradeepkumar that as per section92 of the Code of Civil Procedure, a suit can be filed either by the Advocate General or by two or more persons having interest in the Trust and having obtained leave of the court and in this case, it is seen from the cause title that the suit was filed only by the Trust represented by its two Trustees and therefore, the suit is filed by one person which is against the provisions of Section 92 of the Code of Civil Procedure and therefore, the suit as filed is not proper and the suit is liable to be rejected on that ground. He further submitted that when two or more persons filed the suit for administration of Trust or for the reliefs stated therein, leave has to be obtained and in this case, without obtaining the leave, the suit was filed and therefore, the suit is liable to be rejected. The learned Counsel for the revision Petitioners further submitted that as per Section 92 of the Code of Civil Procedure, only the reliefs enumerated in Section 92 can be prayed for and no other reliefs can be asked and in this case, the Respondents asked for the relief of declaration that the supplementary Trust Deed is not valid which is beyond the scope of Section 92 of the Code of Civil Procedure and therefore, the suit is also liable to be rejected on that ground. He further submitted that though it was contended by the Respondents when the suit was originally filed, that two persons filed the suit, after the suit was transferred and re-numbered as O.S. No. 142 of2008, it has been made clear that the suit was filed by one person viz., the Trust represented by its Trustees and therefore, it has been admitted by the Respondent that the suit was filed by one person alone and not by two persons and to avoid the Respondent from taking the plea that the earlier application filed in I.A. No. 131 of 2008 in O.S. No. 397 of 2008 was dismissed and that would operate asres judicata, two revisions are filed against both the orders.