R.M. NARAYANA CHETTIAR AND ANOTHER versus N. LAKSHMANAN CHETTIAR AND OTHERS

R.M. NARAYANA CHETTIAR AND ANOTHER versus N. LAKSHMANAN CHETTIAR AND OTHERS

It is not a statutory requirement to give notice to proposed defendants before granting leave under Section 92 of the Code of Civil Procedure. While notice is desirable as a rule of caution, leave granted without notice is not void, and the suit will not be rendered unmaintainable merely on that ground. Defendants...

Source-derived case information.

Parties
Appellant: R.M. Narayana Chettiar; Respondent: N. Lakshmanan Chettiar
Jurisdiction
India
Judgment Date
11 October 1990
Procedural Posture
Civil Appeal / Appeal From Order of High Court in Civil Revision Petition
Outcome
Appeals allowed
Legal Topics
Section 92 CPC, Framing of Scheme for Public Charitable Trust, Leave to Institute Suit Under Section 92, Procedural Requirements for Representative Suits
Civil Procedure Trusts and Charities Section 92 CPC Framing of Scheme for Public Charitable Trust Leave to Institute Suit Under Section 92 Procedural Requirements for Representative Suits

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Summary, issues, holding and outcome

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Parties

R.M. Narayana Chettiar

Appellant

N. Lakshmanan Chettiar

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court in Civil Revision Petition

Legal Issues

  1. 1 Whether opportunity to show cause needs to be given to respondents before grant of leave under Section 92 of the Code of Civil Procedure, 1908
  2. 2 Whether leave granted under Section 92 without notice to defendants is void

Ratio Decidendi

It is not a statutory requirement to give notice to proposed defendants before granting leave under Section 92 of the Code of Civil Procedure. While notice is desirable as a rule of caution, leave granted without notice is not void, and the suit will not be rendered unmaintainable merely on that ground. Defendants have the opportunity to seek revocation of leave, which can then be considered on merits and in accordance with law.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment of the High Court set aside
  • Trial Court directed to dispose of the application for revocation of leave on merits and in accordance with law