THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4706 of 2010 Dated:28.04.2011 Between: Sri Sai Charitable Trust Chittoor, Rep.by its Managing Trustee, And others. …Petitioners and The Chittoor Municipality, Rep.by its Commissioner, Chittoor, Chittoor District. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4706 of 2010 ORDER: Sri Sai Charitable Trust, Chittoor, represented by its Managing Trustee Sri M.N.Raja Reddy, and five other Trustees filed O.S.No.107 of 2003 on the file of the Court of the Principal Senior Civil Judge, Chittoor. The suit is for declaration that the property of the trustees is exempted from payment of property tax under the Andhra Pradesh Municipalities Act, 1965, and for a permanent injunction restraining the sole defendant, namely, Chittoor Municipality, and its Officials from interfering with plaintiffs’ possession of the suit property. During the pendency of the suit Sri M.N.Raja Reddy, Managing Trustee died. It appears, the remaining trustees chose Smt.M.R.Suseela, W/o.Raja Reddy, as Managing Trustee. Indeed, she is plaintiff No.4 in the suit. Plaintiffs filed I.A.No.1274 of 2008 seeking to substitute the name of Smt.Suseela as Managing Trustee in place of late Raja Reddy. The same was dismissed by the impugned order, dated 05.07.2010. Aggrieved by the same, the present Civil Revision Petition is filed. This Court heard the counsel for the petitioners and the Standing Counsel for Chittoor Municipality. Section 92 of the Code of Civil Procedure, 1908, empowers the civil Court to pass any order, inter alia, appointing a new trustee. When the Managing Trustee of the first plaintiff Trust passed away, the Trust has to be represented by another Managing Trustee. Having chosen the fourth plaintiff as Managing Trustee, the plaintiffs sought to substitute the name of the Managing Trustee. It is a formal amendment which they sought, and without the first plaintiff Trust, a body corporate, being represented by a Managing Trustee, there would be some difficulty at the time of trial. The impugned order thus suffers from improper exercise of jurisdiction vested in the Court below. The Civil Revision Petition is, therefore, allowed. The impugned order is set aside, and Smt.M.R.Suseela shall be substituted as Managing Trustee representing the first plaintiff. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 28.04.2011 vs