G R GOVINDARAJULU Vs. R SETHURAO

JUDGEMENT

(1.) THIS revision is filed under Article 227 of the constitution of India by the proposed defendants in a suit which is proposed to be filed by the respondents herein under Section 92 (1) of the Code of Civil procedure. The respondents herein obtained leave for the institution of the suit under Section 92 (1) of the Code of Civil Procedure against the petitioner.

(2.) I do not want to give a detailed history of the litigation except for the statement that the respondents herein alleged various acts of mismanagement of the public trust.

(3.) LEARNED counsel for the respondents submitted that the revision itself is not maintainable. It is also contended by the counsel that there is no decision of a Court affecting the rights of the petitioners. It is also submitted that the petitioner cannot contend that no person can file a suit against them and if grounds are made out for granting leave, the petitioners can very well defend a suit. The discretion at the time of granting leave, exercised by the Court is purely administrative and it is neither judicial nor quasi judicial decision. A condition precedent for the institution of the suit is complied with and it is the only effect of granting leave. Mere inconvenience in defending a suit by itself is not a ground for interference either under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India. The impugned order, though is challenged invoking article 227 of the Constitution of India, the same is not exercise of judicial power nor it is quasi judicial one. In either way, the revision is not maintainable. The petitioners cannot be stated to be aggrieved persons.