REV. FR. SAVARIMUTHU Vs. V.S.JEYAPANDI

JUDGEMENT

(1.) The respondents herein filed a suit under Order 7 Rule 1 read with Sec. 92 of CPC for settling a scheme for administration of the Madha Trust, Maruthanallur, Kumbakonam established under trust deed dtd. 22/12/1999. Since leave must be obtained for taking such a suit on file, they filed I.A.No.14 of 2015. Notice was ordered. After hearing both sides, the IA was allowed vide order dtd. 31/3/2021. Questioning the same, this Civil Revision Petition has been filed.

(2.) The Interlocutory Application could not have been allowed for two reasons. Firstly, Madha Trust had not been impleaded as one of the respondents. Secondly, except making a bare averment in the plaint as well as in the supporting affidavit that they are beneficiaries of the Trust, the applicants have not shown as to how they are interested in the Trust.

(3.) The aforesaid issues go to the root of the matter and the impugned order granting leave under Sec. 92 of CPC deserved to be straighaway set aside. When I was about to do so, the learned counsel for the respondents submitted that my hands are tied since the Civil Revision Petition itself is not maintainable. He contended that in a catena of case laws, the Madras High Court has repeatedly laid down that an order granting leave under Sec. 92 of CPC is merely an administrative order and not a judicial order and that therefore it is not amenable to challenge in exercise of jurisdiction either under Sec. 115 CPC or Article 227 of the Constitution of India.