Skip to content


Maddala Bagavannarayana and anr. Vs. Vadapalli Perumallacharyulu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in31Ind.Cas.236
AppellantMaddala Bagavannarayana and anr.
RespondentVadapalli Perumallacharyulu and ors.
Excerpt:
civil procedure code (act v of 1908), section 92 - sanction, given to more than two persons--suit by only two, whether competent. - .....may institute a suit under that section. the question is whether when more than two persons interested in the trust have obtained the necessary consent, any two of them may sue without the others. we think the language used shows that the persons authorised to sue are all the persons to whom the consent has been given, and not any two of them. on the opposite contention, there might be competition between the various persons authorised as to who should sue. besides, the provision for giving consent to two or more persons shows that the legislature considered that in some cases it might not be desirable for only two to sue.2. in this connection it is worth mentioning that romilly's act, upon which this section was founded, enabled any two persons interested to apply, and.....
Judgment:

1. Section 92 of the Code of Civil Procedure provides that two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate-General may institute a suit under that section. The question is whether when more than two persons interested in the trust have obtained the necessary consent, any two of them may sue without the others. We think the language used shows that the persons authorised to sue are all the persons to whom the consent has been given, and not any two of them. On the opposite contention, there might be competition between the various persons authorised as to who should sue. Besides, the provision for giving consent to two or more persons shows that the Legislature considered that in some cases it might not be desirable for only two to sue.

2. In this connection it is worth mentioning that Romilly's Act, upon which this section was founded, enabled any two persons interested to apply, and that here the Legislature has empowered any two or more persons with the consent of the Advocate-General. The appeals are dismissed with costs. The memorandum of objections in Appeal No. 146 of 1912 is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //