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Judgment
V. Chitambaresh, J.—The suit filed on 27-10-2006 seeks to prepare a scheme for the administration of the first defendant (Santhosh Club) Karimanoor. The plaintiffs subsequently filed an application on 6-11-2006 seeking leave u/s 92 of the Code of Civil Procedure. The court below by order dated 15-12-2009 granted leave and the same is impugned in the Civil Revision Petition. The revision petitioners/defendant Nos. 1 and 2 contend that grant of leave should precede the institution of the suit. Reliance is placed on the following decisions to buttress this point.
i) P.V. Mathew and Others Vs. K.V. Thomas and Others,
ii) R.M. Narayana Chettiar and another Vs. N. Lakshmanan Chettiar and others,
iii) St. Peters Orthodox Syrian Church and Others Vs. Fr. Abraham Mathews and Others,
It is clear from the aforesaid decisions that the court cannot grant leave u/s 92 of the CPC after the institution of the suit. It necessarily follows that the suit wherein leave was granted subsequent to its institution is not maintainable.
The core question is whether the first defendant Club is a public trust wherein the beneficiaries are the public at large. Normally the bye laws of such a Club would imply that the beneficiaries are only its members. The Club is also seen registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955. The remedy under the said Act is to file an application to the District Court for framing a scheme for the better and efficient management of the society. A reference to the decision in Abhaya Vs. Raheem, is apposite. I set aside the impugned order without prejudice to the right of respondent Nos. 1 to 4/plaintiffs to sue afresh on the same cause of action. All the questions can be dealt with in the proceedings proposed to be filed in accordance with law.
The Civil Revision Petition is disposed of.