IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 CRP.No. 546 of 2010() ----------------------------- AGAINST THE ORDER DATED 18/06/2010 IN IA 813/2010 IN OS.125/2010 of SUB COURT,KATTAPPANA .................... REVISION PETITIONER(S)/ RESPONDENTS 1 TO 4 : ------------------------------------------------------------------------ 1. FR.GEEVARGHESE, VALLIKATU, AGED ABOUT 30, VADAKODU VILLAGE,KOLENCHERY P.O., ERNAKULAM DISTRICT. 2. VARKEYKUNJU, S/O.VARKEY, AGED ABOUT 52, KIZHAKKEDATH,CHELACHUVADU P.O., KANJIKUZHY VILLAGE, IDUKKI DISTRICT. 3. GEORGE KARIMPANACKAL,S/O.POULOSE, AGED ABOUT 42, KEERITHODU P.O., KANJIKUZHY VILLAGE, IDUKKI DISTRICT. 4. CHARLES JACOB, S/O.JACOB, AGED ABOUT 40, PAYYALIL HOUSE, KEERITHODU P.O., PUNNAYAR KANJIKUZHY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S):/PETITIONERS AND RESPONDENTS 5 AND 6 ----------------------------------------------------------------------------------------- 1. ST.GEORGE JACOBITE SYRIAN CHURCH, KATHIPARATHADAM, CHELACHUVADU,DUKKI, REP. BY ITS TRUSTEE TOJAN VARGHESE,S/O.LATE VARGHESE, AGED 28, ERACHERIL HOUSE, KANJIKUZHY KARA & VILLAGE,IDUKKI DISTRICT. 2. FR.CHARLES MATHEW, S/O.MATHEW, AGED 60, MATTATHIL PARAMBIL, IRINGOLE P.O., EAST PERUMBAVOOR, ERNAKULAM DISTRICT,VICAR, ST.GEORGE JACOBITE SYRIAN CHURCH, KATHIPPARATHADOM, IDUKKI DISTRICT. 3. SHAJI ELIAS, S/O.ELIAS, AGED 42, NIRAVATHU HOUSE, CHELACHUVADU P.O., KANJIKUZHI VILLAGE, IDUKKI DISTRICT. CRP.No. 546 of 2010() 4. SAJI VARGHESE, S/O.VARGHESE, AGED 35 YEARS, KANJIRAKKATTU HOUSE, CHELACHUVADU P.O., KANJIKUZHI VILLAGE, IDUKKI DISTRICT. 5. ELDHOSE, S/O.ULAHANNAN,AGED 49, VETTUCHIRAYIL HOUSE, MANIPPARA P.O., KANJIKUZHI VILLAGE,IDUKKI DISTRICT. 6. KURIAKOSE CLEMIS METROPOLITAN BISHOP OF DIOCESE OF IDUKKI JACOBITE SYRIAN CHRISTIAN CHURCH MOUNT TAGORE ARAMANA, KATTAPPANA, IDUKKI DISTRICT. 7. DR.THOMAS MAR ATHANASIOS METROPOLITAN, BISHOP'S HOUSE, MOOVATTUPUZHA, ERNAKULAM DISTRICT. R6 BY ADV. SRI.SAJAN VARGHEESE K. SRI. LIJU. M.P R7 BY ADV. SRI. ANEESH JAMES THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT HARUN-UL-RASHID,J. ------------------------------- C.R.P. NO. 546 OF 2010 ------------------------------- DATED THIS THE 9TH DAY OF FEBRUARY, 2011 O R D E R Respondents 1 to 4 in O.S.No.125/2010 on the file of the Munsiff's Court, Kattappana are the revision petitioners. This revision petition is directed against the order dated 18/6/2010 passed by the learned Sub Judge, Kattappana granting sanction under Section 92 of the C.P.C. It is pointed out that neither notice was issued nor any reasons are stated for granting leave to institute the suit. The learned Sub Judge passed a single line order granting sanction to institute the suit. The learned counsel for the petitioners submits that it has been held by the Apex Court in various decisions that the court is required to give an opportunity of being heard to the proposed defendants before granting leave to institute the suit under Section 92. The counsel also pointed out that the Apex Court in the decision in R.M. Narayana Chettiar and another v. N. Lakshmanan Chettiar and others ((1991) 1 SCC -2- C.R.P.No.546/2010 48) held that notice to the defendants has to be issued before granting leave. He also cited the decisions in B.S.Adityan and others v. V.B.Ramachandran Adityan and others ((2009) 4 SCC 720) and Vidyodaya Trust v. Mohan Prasad (2008 (2) KLT 68) in support of the above proposition. 2. After hearing both sides, this Court is of the view that in the light of the above decisions of the Apex Court, the matter requires re-consideration. Therefore, the impugned order is set aside. The learned Sub Judge, Kattappana shall hear and dispose of I.A.No.843/2010 in accordance with law, after giving an opportunity of being heard to the parties, within a period of two months from the date of receipt of the copy of this order. C.R.P. is disposed of as above. HARUN-UL-RASHID, Judge. kcv.