M AZARIAH Vs. T D SUNDARAVARATHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant for against the order dismissing the application to revoke the leave granted under Sec.92 of CPC. The Dalit Liberation Education Trust is a trust that was established on 2nd April, 1985 with the main purpose of evolving and implementing all kinds of educational project, programmes and training courses for the oppressed people in India, known as Untouchables or "dalits" and similar exploited people to enhance the overall well-being, both psychological and physical. The founder of the trustees was the appellant, the second respondent and the fourth respondent. On 14-02-2002, a resolution was passed appointing a full time Director to constitute the Trust Deed Review Committee. A suit was filed by the respondents 1 and 2 after obtaining leave to file the suit for these reliefs. Thereafter, notice was ordered and several orders have been passed. The appellant in the meanwhile filed this application for revocation of leave. When the matter came up for hearing, the learned Single Judge dismissed the application on the ground that there was a voluntary submission by the appellant to the jurisdiction of the Court and therefore, it was not necessary to go into the merits of other contentions raised by the appellant herein. The learned Single Judge also left it open to the appellant to raise all the contentions at the time of trial. Aggrieved by this, the appeal has been filed.

(2.) The learned counsel for the appellant referred to various facts stating that the second respondent is mismanaging the trust and trying to take over it and the respondents, who filed the application for grant of leave and the suit are really his henchmen and two others. The learned counsel submitted that already a suit has been filed before the City Civil Court where the same issue had been considered by the learned City Civil Judge in O. S. No.4350 of 2002.

(3.) The learned counsel appearing for the respondents 1 and 2/ applicants submitted that the appeal is not maintainable. The order granting leave is an administrative order as held by this Court in several decisions and therefore, by grant of leave nobody's rights are prejudiced and therefore, the application for revocation of leave ought not to have been entertained. The learned counsel also denied that the suit was filed in collusion with the Managing Trustee. He would further submit that assuming without admitting, it was only a sale, it would only go to prove that the administration of the Trust was not being conducted well and therefore, it was more imminent and necessary to frame a scheme for the proper management of the system. He referred to several decisions.