SANT LAL Vs. SUDAKAR

JUDGEMENT

(1.) Petitioner-defendant has challenged order dated 14-1-1993 passed by Sub Judge First Class, Mohindergarh, granting leave at the fag end of proceedings in the suit filed by the plaintiffs contesting respondents Nos. 1 to 15 under Section 92 of the Code of Civil Procedure in this Civil Revision under Section 115 of the Code of Civil Procedure 1908 (hereinafter referred to as CPC).

(2.) Plaintiffs had filed the suit on 9-3-1988, for removal of the defendant as trustee/Manager and for rendition of account etc. on the ground that he was misusing the trust property.

(3.) In his written statement, petitioner-defendant raised the preliminary objection that the plaintiffs had filed the suit without obtaining leave of the Court under Section 92, CPC.On merits, he denied all the allegations levelled against him. He also pleaded that the suit filed by the plaintiffs was mis-conceived and mala fide, and that their conduct was not in the interest and welfare of the trust. Plaintiffs filed replication, controverting the pleas taken in the written statement and reiterating the case set up in the plaint.