RFA No.154 of 1982 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.154 of 1982 Date of Decision.02.11.2011 Benarsi Dass and others .....Appellants Versus Sh. Behari Lal Cheritable Trust (Regd) and others .....Respondents Present: Mr. S.K.S. Bedi, Advocate for the appellants. Mr. A.K. Jaiswal, Advocate for respondents No.4 and 20. None for other respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The appeal is against the dismissal of suit on the ground that prior permission had not been taken for the institution of a suit under Section 92 CPC. This has been squarely dealt with by the Hon'ble Supreme Court in R.M. Narayan Chettiar and another Vs. N. Lakshamanan Chattiar and others (1991) 1 SCC 48. The point posed before the Supreme Court was whether notice was necessary prior to ordering the registration of the suit and the effect of such institution without ordering notice. The Hon'ble Supreme Court held that want of notice will not render void the institution. The judgment of the trial Court dismissing the suit is set aside and I direct the application filed along with suit to be served to the respondents. The Court will take a RFA No.154 of 1982 -2- decision and proceed either to register the suit for trial or deal with it in the manner provided under Section 92 CPC and in terms of the judgment of the Hon'ble Supreme Court in R.M. Narayana Chettiar's case (supra). 2. The plaintiffs shall appear before the trial Court on 07.12.2011. On such appearance, the Court shall serve notice of the application filed under Section 92 CPC on the respondents and dispose of the application first in accordance with law. (K. KANNAN) JUDGE November 02, 2011 Pankaj*