Supreme Court of India · 1990-10-11
R.M.NARAYANAN CHETTIAR vs N.LAKSHMANAN CHETTIAR .
- Citation / case number
- SC 1990/75880
- Court
- Supreme Court of India
- Petitioner
- R.M.NARAYANAN CHETTIAR
- Respondent
- N.LAKSHMANAN CHETTIAR .
- Author
- M.H. KANIA
- Bench
- M.H. KANIA
Judgment text excerpt
The Supreme Court held that under Section 92 of the Code of Civil Procedure, 1908, the grant of leave to institute a suit against a public trust is a condition precedent, and such leave should generally be granted after giving notice to the proposed defendants, unless impractical. The Court clarified that while notice is desirable, it is not a statutory requirement, and a suit instituted without notice is not rendered non-maintainable. The Court allowed the appeals and directed the Trial Court to dispose of the application for revocation of leave on merits.