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T. R. RAVI
SREE RAJA RAJESWARI DEVI – Appellant
Versus
SURESH BABU S/O SARASANADHAN – Respondent
JUDGMENT :
T.R. RAVI, J.
1. This appeal has been preferred against the order passed by the Sub Court, Attingal, in O.P. No. 5 of 2023, filed by the appellants seeking leave under Section 92 of the Code of Civil Procedure, 1908, for instituting a suit. The trial court dismissed the application following the law laid down by the Hon’ble Supreme Court in Ghat Talab Kaulan Wala vs. Baba Gopal Dass Chela Surti Dass (Dead) by LRs. Ram Niwas, AIR 2020 SC 705. The court found that an application under Section 92 CPC by the trust itself is not maintainable. Since the issue involved a larger question of law, this Court sought the assistance of Senior Advocate Sri P.B. Krishnan as amicus curiae.
2. The amicus curiae addressed the Court in extenso on the scope of Section 92 and also took the Court to the provisions contained in the Charitable and Religious Trusts Act, 1920 (‘1920 Act’ for short). Section 92 of the Code of Civil Procedure reads thus:
(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such
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.
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....
The main legal point established in the judgment is that the Maharashtra Public Trust Act is a complete code in itself and that section 92 of the C.P.C. is not applicable to public trusts as per sect....
The main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
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