Caveat - Grant of leave to file Suit, an administrative action - Issuance of notice to Respondents/Defendants not mandatory before numbering Suit

Citation 

2015 (4) CTC 168 (Mad)

IN THE HIGH COURT OF MADRAS

R. Subbiah, J.

A. Nos. 3559 & 3560 of 2013 in C.S. No. 518 of 2013.

February 20, 2015

Vellore Institute of Technology (Vit University), Katpadi, Tiruvalam Road, Vellore-632 014, Rep. by Its Registrar, Having Administrative Office At: No.W-73, Anna Nagar West, Chennai-600 040. [applicant/2nd Defendant] ...Applicant

Vs. 

G.V. Sampath; R. Sadanandam [respondents 1 & 2/plaintiffs] vellore Institute of Technology, A Public Charitable Trust, Having Its Registered Office At No.54, Thennamaram Street, Vellore-632 001, Rep. by Its Chairman and Managing Trustee and Chancellor, Shri G. Viswanathan [3rd Respondent/1st Defendant]; G. Viswanathan; Sankara Viswanathan; Sekar Viswanathan; G.V. Selvam; G. Kanagasabapathy; S. Dharmaraja Chettiar; P.L. Mareddy; Sundary Reddy; Sandya Penta Reddy [respondents 4 to 12/defendants 3 to 11]

...Defendant

Code of Civil Procedure, 1908 (5 of 1908), Sections 92, 148-A & Order 52, Rule 1 - Letters Patent, Clause 12-Caveator, whether to be served with Notice before granting Leave under Clause 12 - As per mandate of Section 148-A, Caveator to be served Notice when an Interlocutory Application is filed in a pending Suit or proceeding If no Interlocutory Application is filed in a Suit or proceeding, service of Notice is not mandatory Application seeking leave of Court under Clause 12, Letters Patent or Section 92, CPC is a proceeding itself, as rights of parties not decided by Court in said Application, when an Application is made under Clause 12 of Letters Patent provisions of CPC would not apply - To an Application under Clause 12 of Letters Patent only Order 3, Rule 1 of Original Side Rules would apply Similarly, as Section 92 is a self-content Code in itself, provisions of Section 148-A and Order 52, Rule 1 will not apply to said Application An Order under Section 92 is an Administrative Order, not affecting right of parties and thus, issuance of Notice to Defendant, not mandatory Not warranting Notice to Defendant Grant of leave to sue is purely within discretion of Court and a matter between Plaintiff and Court, wherein issuance of Notice to Defendant, not necessary In such circumstances, held, if Court is satisfied that it can grant leave under Clause 12 or Section 92 without issuing Notice to other party, said Order cannot be revoked merely for want of issuance of Notice to Defendant Only remedy for Defendant to seek for revocation of leave if Court has no jurisdiction to try Suit - Non- issuance of Notice to Caveator in Application to Leave to sue under Clause 12 or leave to file Suit against Trust under Section 92, would not serve as a ground to revoke leave granted by Court Madras High Court Original Side Rules, 1956, Order 3, Rule 1.