Supreme Court of India

R.M. Narayana Chettiar v N. Lakshmanan Chettiar

AIR 1991 SC 221; (1991) 1 SCC 4819901 min read
The case in brief30-second read
Facts
Leave to institute a suit under S.92 CPC about a public trust was granted without notice to the proposed defendants, who then challenged the leave and the suit.
Issue
Whether notice to the proposed defendants is a condition for the grant of leave under S.92 CPC.
Held
Before granting leave, it is desirable and prudent for the court to give notice to the proposed defendants, if it is practicable, so that frivolous suits are not filed. But S.92 does not make notice mandatory. Leave granted without notice does not make the suit invalid; the defendants may apply to revoke the leave, and the court must decide that application on merits.
Principle
Notice to the defendants before leave under S.92 CPC is advisable but not mandatory.
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Facts

  • Leave to institute a suit under S.92 CPC about a public trust was granted without notice to the proposed defendants, who then challenged the leave and the suit.

Issue

  1. Whether notice to the proposed defendants is a condition for the grant of leave under S.92 CPC.

Held

  • Before granting leave, it is desirable and prudent for the court to give notice to the proposed defendants, if it is practicable, so that frivolous suits are not filed. But S.92 does not make notice mandatory. Leave granted without notice does not make the suit invalid; the defendants may apply to revoke the leave, and the court must decide that application on merits.

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Citation

R.M. Narayana Chettiar v N. Lakshmanan Chettiar AIR 1991 SC 221; (1991) 1 SCC 48

Reported: https://indiankanoon.org/doc/1479464/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.