M JAMES Vs. S ISAAC BANERJEE

JUDGEMENT

(1.) THIS appeal is against the order of the learned single judge in Application No. 2548 of 1986 dated 18. 7. 1986, dismissing the application filed by the appellants/plaintiffs herein to grant leave to institute a suit as contemplated in Sec. 92 of Civil Procedure Code.

(2.) THE case of the appellants/plaintiffs is as follows: THE Waterbury Memorial Telugu Baptist Church is a public religious trust of which the appellants/ plaintiffs claimed to be members. It is averred that the church was founded hundred years ago and it had been running smoothly ever since. THE congregation was the Supreme body in matters of administration of the Trust and the affairs of the church. In order to give a legal structure for the congregation, the Church was registered under the Societies Registration Act, 1860 and as such it came under the purview of the Tamil Nadu Societies Registration Act, 1975. However, those who were in charge of the management of the Trust failed to file certain returns and consequently, the Society was struck off as defunct. This has created an ambiguous situation rendering it as a body, without a constitution. It is alleged further that the first respondent took advantage of the situation and invited non-members into the church and declared the rcspondents-2,3 and 4 as president, Secretary and Treasurer of the Church and the same was unconstitutional. It was alleged that the respondents 2 to 4 were not even the members of the church as they have not paid their subscriptions. THE first respondent taking advantage of the situation had been misusing his office and he had not accounted for the monies received and his accounts were not supported by vouchers. THEre were complaints about the mishandling of funds by the defendants. In the abovesaid situation prevailing at that time, the appellants/applicants sought leave to file a suit under Sec. 92, C. P. C. for framing a scheme.

(3.) A perusal of the plaint clearly shows that the proposed suit filed under Sec. 92, C. P. C. , relates to a public Trust, by name waterbury Memorial Telugu Baptist Church and the averments in the plaint are that the Church is a Public Trust, because the beneficiary of the trust form a section of the general public, the church was registered under the Societies registration Act, 1860 and was struck down by the Registrar of Societies for non-compliance of the statutory requirements, by the office-bearers of the church as they failed to file the returns since 1963 and hence it had become defunct and accordingly, the Registrar of Societies treated the society as defunct. The plaint therefore makes sufficient averments regarding the religious trust committing breach of trust in not filing the concerned returns and allowing the Society to be struck down by the Registrar of Societies as defunct. There is also a prayer in the plaint, viz. , prayer No. 2 which is as follows: (ii) to frame a scheme for the management of the waterbury Memorial Telugu Baptist Church, Madras-12 using the earlier constitution as a working document of the Trust having the force of law with certain changes, more particularly given in the prayers (a) to (d ).