V L RAMANATHAN Vs. SALEM NAGARATHAR SANGAM

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the Order and Decretal order, dated 05.04.2007 passed in O.S.No.816 of 2005 on the file of the Principal District Munsif Court, Salem.

(2.) THE revision petitioner is the plaintiff and respondents herein are the defendants 1 to 4 in the suit. THE suit was filed seeking a decree, directing the respondents 2 to 4 to render true and proper accounts of the first respondent Sangam, to appoint a Commissioner to carryout the direction to be given by the court below in rendition of accounts and for permanent injunction restraining the respondents 2 to 4 herein from transferring the properties of the first respondent Sangam to any trust and for other consequential relief.

(3.) IT is not in dispute that the first respondent is a society, registered under the Tamil Nadu Society Registration Act. However, the trial court has given a finding that it is a public trust, which has been formed for public purpose. The court below has held that the first respondent is a public trust and hence, the plaintiff could have obtained prior permission under Section 92 of the Code of Civil Procedure before filing the suit against the first respondent herein and issues 1 and 2 were answered against the plaintiff and for issue number 3, the trial court held that it has got no jurisdiction to try the suit and as per the impugned order, the plaint was returned with a direction to present the same before the proper court.