MADHA TRUST Vs. D. DANIEL AMALADOSS

JUDGEMENT

(1.) All the Revision Petitions arise out of a common Order of the Trial Court, wherein Applications filed by the Defendants for rejection of Plaint were dismissed.

(2.) The contesting Respondents in all Revision Petitions have filed O.S. Nos.42, 106, 110, 111 of 2014 on the file of the II Additional District and Sessions Court, Thanjavur for the relief of framing a Scheme for four different trusts along with other reliefs. Along with the said Suits, the Plaintiff had filed I.A. Nos.151, 109 and 110 of 2014 in O.S. Nos.106, 110 and 111 of 2014, respectively under Sec. 92 of the Civil Procedure Code (hereinafter referred to as 'CPC' for the sake of brevity) seeking Leave of the Court to institute the said Suits. However, from the records, it could be seen that no Application under Sec. 92, C.P.C. seeking Leave of the Court has been filed along with the Plaint in O.S. No.42 of 2014. The Trial Court, instead of issuing Notice to the other side in the Applications filed under Sec. 92, C.P.C., had directly numbered the Suits and issued Notice to the Defendants in the Suits.

(3.) The Defendants have filed I.A. Nos.82 of 2014 and 302, 206 and 303 of 2015 seeking rejection of Plaint on the ground that without allowing Sec. 92-Applications, the Suits have been numbered and therefore, they have to be rejected.