JUDGMENT

Hemant Gupta, J.

The plaintiff is in appeal aggrieved against an order passed by the High Court of Punjab and Haryana on 18th July, 2016 whereby the decree of two courts in its favour were set aside for the reason that Charan Dass (PW-1) was not competent to file suit as it could not demonstrate the nature of charities which the Trust had undertaken and that such suit is not maintainable without complying with the requirements of Section 92 of the Code of Civil Procedure, 1908 [for short, 'Code']. The Court held as under:

"20. For maintaining the suit qua public Trust, the leave of the Court under Section 92 CPC is mandatory.

Pleadings of the plaintiff are conspicuously silent about these facts. Secondly for maintaining the suit, plaintiff has to show that there was a complete dedication of the property in favour of the general public. There has to be evidence proving beyond pale of doubt that Trust is a public Trust. Though no instruction in writing is required, to dedicate property for religious or charitable purposes. Only a clear unequivocal manifestation of intention to create a Trust and vesting thereof in the donor as a trustee is required. No such manifestation of in