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R. NATARAJ
Adarsha Sugama Sangeetha Academy – Appellant
Versus
Vrinda S. Rao – Respondent
ORDER
1. Respondent Nos.1 and 2 in Misc. No.548/2013 on the file of the Principal City Civil and Sessions Judge, Bengaluru, have filed this writ petition challenging the Order dated 06.02.2016 passed under Section 92 of the Code of Civil Procedure, 1908 (for short 'the CPC') granting leave to the petitioners therein/respondent Nos.1 and 2 herein to file a suit against them.
2. The parties shall henceforth be referred to as they were arrayed before the Trial Court.
3. A proceeding under Section 92(1) of the CPC was initiated by the petitioners seeking leave of the Trial Court to present a suit against the respondents in Misc. No.548/2013. The petitioner No.1 claimed to be a Trustee of the respondent No.1 while the petitioner No.2 claimed to be a music aficionado and interested in the activities of the Trust. The petitioners asserted that the respondent No.1 was a public charitable Trust of which the petitioner No.1 and respondent Nos.2 to 5 are the Trustees. The petitioners alleged that the meetings of the Trust were not conducted regularly and that not even a single Annual General Body meeting of the Trust was held. They alleged that one of the Trustees, Sri G.Y. Bhagwan died long bac
The main legal point established in the judgment is the requirement to establish the existence of a public charitable or religious trust, a clear breach of its terms, and the interest of the petition....
A Trust can seek relief under Section 92 CPC when it is a party to the proceedings alongside interested individuals, especially in cases of alleged mismanagement.
Suit filed by the trust against a third party as done in this case, in Court considered opinion would not come within the purview of Section 92 of CPC.
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
Section 92 CPC suits against public trusts require three conditions: public charitable/religious purpose, breach or need for court direction, specified relief. Trial courts must analyze averments and....
A suit under Section 92 of CPC must serve public interest and establish breach of trust; claims of personal grievances cannot sustain such suits.
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