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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Bharat Yatra Trust – Appellant
Versus
H.N SHARMA – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The petitioner challenges the order dated 03.12.2022 (hereafter ‘the impugned order’), passed by the learned Additional District Judge, South West District, Dwarka Courts, in CS DJ ADJ No. 15273/16, wherein it was held that the leave to sue had been implicitly granted in the suit filed by the plaintiff / respondent under Section 92 of the Code of Civil Procedure, 1908 (‘CPC’).
2. The subject suit was filed by the respondent, along with two other plaintiffs, namely, Indubhai (Plaintiff No.1) and Ayub Khan (Plaintiff No.2), under Section 92 of the CPC essentially for a decree of permanent injunction against Petitioner No.2 from acting as the Secretary of Defendant No. 1 Trust (Petitioner No.1). Plaintiff No. 1 had claimed to be one of the founder trustees of the Petitioner No.1 Trust. Plaintiff No.2 and Plaintiff No. 3 (respondent herein) were stated to be life members and trustees of Petitioner No.1 Trust. Petitioner No.1 Trust was stated to have been created for charitable purposes. Plaintiff Nos. 1 and 2 were deleted as parties owing to their demise.
3. In the impugned order, the learned Trial Court noted that the suit was filed way back in the year 2011
Explicit leave to sue is a prerequisite under Section 92 of the CPC, and cannot be presumed; the suit's maintainability is contingent on having at least two plaintiffs.
The requirement of two or more persons as a condition precedent for a suit under Section 92 of the CPC is only for the institution of the suit and not its continuation or prosecution.
Leave under Section 92 CPC is essential to establish jurisdiction for a scheme suit; without it, interlocutory orders are void.
The court established that an order granting leave under Section 92 of CPC is judicial and subject to revision, contrary to previous interpretations.
The pre-condition of obtaining leave under Section 92 of the Code of Civil Procedure before instituting a suit and the relevance of the allegations in the plaint in determining the jurisdiction of th....
The amendment incorporating 'leave of the Court' in Section 92 of the CPC does not impact the jurisdiction already conferred upon the Sub Court by a notification issued in 1966.
An order granting leave under Section 92 of CPC is a judicial order, subject to revision, and requires necessary parties to be impleaded and interests to be established.
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