SANGRAM MUDALI Vs. SUKANT MOHAPATRA

JUDGEMENT

(1.) THIS Civil Revision has been filed against the order dated 16.09.2005 passed by the learned District Judge, Ganjam Gajapati, Berhampur in C.S. No.2 of 2005, by which the learned District Judge granted leave to the plaintiffs to file the suit under Section 92 C.P.C.

(2.) IT appears that the opposite parties filed an application for leave/permission under Section 92(1) C.P.C. to file the proposed suit, plaint of which was enclosed to the application for leave. The learned District Judge, by the impugned order, having granted such leave to file the suit, the defendants - opposite parties in the said suit/leave application have preferred the present Civil Revision.

(3.) THE plaintiffs further mentioned that since the plaintiffs 2 and 3 were not informed about the meeting, such resolution cannot be treated to be a valid one. Further more, all the members of the Board of Trustees have not been informed of the meeting and the agenda bf such meeting, which was held on 29.07.2005. The resolution passed in such meeting is contrary to law as well as the principles of natural justice. The plaintiffs stated that the action of the defendants 1 to 3 in removing the plaintiff No.2 in a meeting not properly constituted and passing a resolution for removing him from the membership and Chairmanship of the trust, which was not passed by 2/3rd majority of the members of the trust and inducting another family member as trustee was only with a view to grab the properly of the trust/institution for their personal gain, which has caused serious problem to the management/administration of the trust/institution.