The Managing Director State Bank Of Hyderabad And Anr VS. P. Kata Rao

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The Managing Director State Bank Of Hyderabad And Anr VS. P. Kata Rao

The Judgement Information System CASE NO.: Appeal (civil) 1633 of 2008

PETITIONER: Vidyodaya Trust RESPONDENT: Mohan Prasad R & Ors DATE OF JUDGMENT: 27/02/2008

BENCH: Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT: J U D G M E N T

CIVIL APPEAL NO. 1633 OF 2008 (Arising out of SLP (C) No. 3473 of 2007) Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. This is the second round of litigation before this Court.

Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court holding that leave had been rightly granted in terms of Section 92 of the Code of Civil Procedure, 1908 (in short the 'CPC').

3. Defendants 1 to 3, 6, 8 and 10 had moved the High Court in Civil Revision Petition questioning order of learned District Judge who had taken the view that the suit was maintainable and justified under Section 92 of CPC.

4. Earlier the matter was before this Court in Civil Appeal No.3679 of 2006. The factual position as was noticed in the earlier appeal was as follows: "Respondents as plaintiffs filed OP NO.238 of 2000 before the District Judge, Ernakulam under Section 34 of the Indian Trust Act, 1882 (in short the 'Trust Act') in respect of Vidyodaya Trust and administration of the said trust and the school run by the trust. But the said Court by order dated 31.1.2000 held that the OP was not maintainable and dismissed the petition. Thereafter, the suit No.20 of 2000 was filed by the respondents as plaintiffs claiming several reliefs.

The respondents filed an application (IA 349 of 2000) seeking leave of the Court to institute the suit under...

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