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october 1990

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.

R.M.NARAYANAN CHETTIAR vs N.LAKSHMANAN CHETTIAR . · Niyam