A K TAK Vs. NOOR UD DIN BHAT

JUDGEMENT

(1.) ORDER :- A civil suit u/S.92 Civil P.C. was instituted by the respondents against the petitioner herein. The suit related to a Trust of which petitioner herein is a patron/trustee. The respondents have alleged embezzlement in the funds of the trust. They have also alleged that the petitioner herein was not working honestly, the result was that the trust was mis-managed. The petitioner herein is said to have no interest in the management of the trust for which the trust was created. It was prayed that the petitioner herein be removed from the trust and a new trustee be appointed in his place. Accounts be taken from the petitioner and the petitioner be restrained from obtaining grant-in-aid from Social Welfare Department. Along with the suit an application u/S.92 C.P.C. came to be filed for permission in the trial Court to file the suit. The trial Court granted the permission on 13-2-1955 which order is impugned in this petition.

(2.) From the record it appears that application for grant of permission to institute the suit was supported by an affidavit and in view of the serious allegations and charges of corruption and mis-management, the trial Court permitted the plaintiffs to institute the suit. Permission of the trial Court for institution of the suit is also provided u/S.92 of the civil P.C. by virtue of amendment effected in the said Section.

(3.) Mr. Hagroo appearing for the petitioner herein, has submitted that permission to file the suit was granted in his absence. Therefore, the same should be revoked, and the trial Court be directed to give him an opportunity of being heard, and after it is done, the Court may proceed in the matter and grant or refuse permission to institute the suit.