P S SUBRAMANIAN Vs. K L LAKSHMANAN

JUDGEMENT

(1.) RAISING an important question of law relating to the jurisdiction of the Court to entertain a suit under Section 92 of the Code of Civil Procedure (hereinafter referred to as "the Code"), the petitioner has come forward with this civil revision petition under Article 227 of the Constitution of India, challenging the order dated 11.12.2006, made in I.A.No.24 of 2006, in an unnumbered suit in O.S.No. of 2006, on the file of the learned Principal District Judge, Madurai.

(2.) SHORT facts relevant to decide the issues involved in this revision are as follows:- The respondents herein claiming to be the Joint Managing Trustee and Trustee, respectively of Sakunthala Estate Trust, 24-A, Mahal 2nd Street, Madurai, have filed I.A.No.24 of 2006, before the learned Principal District Judge, Madurai under Section 92 of the Code, seeking leave of the Court to institute a suit in respect of the above public Charitable Trust for removal of the petitioner/defendant from the trusteeship and for nomination of new Trustees and for other related reliefs. The petitioner herein is the respondent in the said I.A., and the defendant in the proposed suit. He has filed a detailed counter in the said Interlocutory Application, opposing the grant of leave to file a suit against him. Having considered the facts and circumstances of the case, the learned Principal District Judge by order dated 11.12.2006, has allowed the I.A., thereby granting leave to the respondents herein to institute the above said suit against the petitioner herein. The said order is under challenge in this revision.

(3.) AT this juncture, it is essential to refer to Sec. 92 of the Code, which reads as follows:-