while granting Leave, Court need not send Notice to other parties Along with Suit, - Court initially granted Interim Leave and Suit was taken on record - Grant of Leave is Administrative Order - aggrieved, can always file Petition to revoke Leave.

Citation 

2018 (3) MWN (Civil) 232 (Mad)

IN THE HIGH COURT OF MADRAS

P. Velmurugan, J.

C.R.P.(PD) Nos. 1508 of 2018 & 1436 of 2016 and C.M.P. Nos.8061 of 2018 & 7876 of 2016.July 17, 2018

Thamarai Trust, Rep. by Its Managing Trustee, M. Kanagaraj, Office At No.281, 3rd Street, Jai Nagar, Kangeyam Road, Tirupur District...Petitioner

Vs. 

Mukundan.; Ponmani.; V. Mohanakumar.; V. Muthappa Chettiyar Sons Trust, Office At: V. Muthappa Chettiyar Dharma Vidhayalayam, Thayampalayam, Kangayam Taluk, Tirupur District.; V.P.M. Manickam.; V. Ravikumar.; T.M. Vikram.; R. Rajesh.; R. Ranjith.; G. Vanjinath...Respondent

CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Section 92- Leave to sue - Rejection of Plaint - Whether Leave to sue can be obtained subsequent to filing of Suit - Interim Leave - Validity - Held, while granting Leave, Court need not send Notice to other parties Along with Suit, Plaintiff has filed Petition seeking Leave Trial Court initially granted Interim Leave and Suit was taken on record - Subsequently Leave was granted after hearing both sides - Stand of Petitioner that Leave, not obtained before filing of Suit, cannot be sustained - Grant of Leave is Administrative Order - No interference warranted - If Revision Petitioner is aggrieved, he can always file Petition to revoke Leave No infirmityRevision dismissed. [Paras 5 to 8]

CASES REFERRED

A. R. Rengaraj A. R. R. Raju v. Aranmanai Raman Chettiar Chathiram through Trustees, A. R. Senthilkumar 2018 (2) CTC 721

Anikadavu Madamanai Lethekarar Kulam, Sri Venkatesa Perumal Thirukovil Arakkattalai, rep. by its President, R. Venkudusamy v. K. Thandapani 2009 (1) CTC 416

B. S. Adityan v. B. Ramachandran Adityan AIR [2004] SC 3448

P. V. Mathew v. K. V. Thomas AIR [1983] Ker. 5

R. M. Narayana Chetbyar v. N. Lakshmanan Chettiyar AIR [1991] 5C 221

Raju Pillai v. V. P. Paramasivan AIR [1995] Mad 253

Sengunthar Charitable Trust, rep. by its Secretary, T. P. Arumugam v. R. Manickam 2012 (2) MWN (Civil) 826

Suhir G. Angur y. M. Sanjeev ATR [2006] SG 351