SECRETARY, SARASWATI SISHU VIDYA MANDIR Vs. SARASWATI SISHU VIDYA
LAWS(ORI)-2020-1-23
HIGH COURT OF ORISSA
Decided on January 20,2020

Secretary, Saraswati Sishu Vidya Mandir Appellant
VERSUS
Saraswati Sishu Vidya Respondents

JUDGEMENT

D.Dash, J. - (1.) The appellants, in this appeal, have called in question the judgment dated 12.4.2019 passed by the learned District Judge, Dhenkanal in R.F.A. No.19 of 2019.
(2.) The appellants being the defendant nos.2 and 3 in C.S. No.160 of 2018, upon their appearance therein, filed an application under Order 7, Rule 11(d) of the Code of Civil Procedure (for short, "the Code?) for rejection of the plaint filled by the present respondent nos.1 and 2 being the plaintiffs. The plaint had been filed claiming the following reliefs:- "(1) Let the plaintiff trust be declared as valid to run the school with all its assets and Management; (2) let the newly constituted Managing Committee dated 24.4.2018 be declared as illegal; (3) let the decision to drive out the trust and members from the school affairs and Managing Committee be declared as illegal; (4) let it be decided that the defendant one has no locusstandi to hold the meeting in the manner it was held and the trust was ousted and the Managing Committee was constituted; (5) let it be declared only action and Management activity in the school other than the trust be declared as in operative; and (6) any other order as deemed proper in the facts and circumstances of the case be passed in the ends of justice." The ground on which the plaint sought to be rejected is that the suit in the present form for the reliefs as aforesaid ought to have been filed seeking leave of the Principal Civil Court of original jurisdiction or the court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject matter of the trust is situate as provided under section 92 of the Code. The learned Senior Civil Judge, by order dated 2.3.2019 accepting the objection filed by the defendant nos.2 and 3, rejected the plaint for non-compliance of the provision of section 92 of the Code.
(3.) The plaintiffs aggrieved by the said order having filed the appeal, the same has been allowed taking a view that as in the instant suit, there arises the question of management of the school, the same does not fall within the ambit of section 92 of the Code for being filed by taking the leave as required thereunder. Accordingly, the trial court has been directed to proceed with the suit for its disposal in accordance with law.;


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