Arun Kumar Singh vs. Atul Kumar Srivastava

<u> Court No. - 9</u>

Case :- CIVIL REVISION No. - 15 of 2019 Revisionist :- Arun Kumar Singh And Another Opposite Party :- Atul Kumar Srivastava And 11 Others Counsel for Revisionist :- Jitendra Kumar, Anurag Pandey, Dharam Pal Singh (Sr. Adv.)

Hon'ble Anjani Kumar Mishra,J.

Heard Shri Dharam Pal Singh, learned Senior Advocate for the revisionist.

This revision is directed against the order dated 25.10.2018 passed by the District Judge, Ballia rejecting an application of the revisionist for revocation of the leave granted to the plaintiff, under Section 92 of the Civil Procedure Code.

It has been contended that the suit was for vindication of personal rights of the plaintiffs and therefore, it did not fall within the ambit of Section 92 CPC. Therefore, the order impugned is vitiated.

The second contention raised is that in any suit under Section 92 CPC, the trust itself is a necessary party. In the suit at hand, the trust has not been impleaded and therefore, also, the suit has to fail. It is however, conceded that this aspect has not been specifically pleaded before the Court blow but it is an issue, which goes to the root of the matter and therefore, it can be raised for the first time in revision also.

For this purposes, reliance has been placed upon the decision of this Court in First Appeal No.216 of 2012, Land Chandra Jain and another Vs. Suparasdas Jain and others decided on 12.02.2017, especially paragraph 29 of the judgement, which refers to L.M. Menezes and others Vs. Most Rev. Arul Das Jamas and others, AIR 2003, Madras 241, wherein it has been held that "the non impleading of trust goes to the root of the matter"

Matter requires consideration.

Issue notice to the opposite party by registered post A.D. returnable within three weeks.

Till the next date of listing, further proceedings in Misc. Case No.2 of 2016, shall remain stayed.

Order Date :- 14.2.2019 RKM