MANAVALA MAMUNIGAL CHARITIES AT THIRUTHANGAL Vs. S. SEETHARAMAN

JUDGEMENT

(1.) THE Civil Revision Petition arises out of dismissal of an application under Order 7 Rule 11 C.P.C.

(2.) HEARD Mr.G.R.Swaminathan, learned counsel for the petitioners and Mr.R.Aravinthan, learned counsel for the respondents 2 to 8.

(3.) FINDING that the Trust in question is a Public Trust and not a Private Trust (irrespective of whether charitable or religious in nature), I passed an order, on 12.08.2008, under Article 227 of the Constitution of India, directing the Court below to strike off O.P.No.1 of 2008, from the register, on the short ground that the provisions of the Indian Trust Act, 1882, would not apply to Public Trusts. I also gave liberty to the parties to work out their remedies in terms of Section 92 of the Code of Civil Procedure.