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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Iruvaikonam Bhagavathi Temple – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. Appellants are the Petitioners in O.P. (Trust) No.5/2022 seeking leave to institute a suit on behalf of the 1st Applicant temple under S.92 of the Code of Civil Procedure, 1908.
2. The said Original Petition was originally allowed as per the order dated 06.12.2023, granting leave to the Applicants. At the time of passing the said order dated 06.12.2023, I.A No.2/2023 to implead supplemental respondents 7 and 8 was pending. Since the Original Petition was disposed of without considering I.A No.2/2023, this Court set aside the order dated 06.12.2023 as per judgment dt. 10.09.2024 in OP(C) No.463/2024 and remanded the matter back to Trial Court to consider the matter afresh after allowing I.A No.2/2023. Thereafter, the additional respondents 7 and 8 were impleaded in the Original Petition and the matter was re-heard and the impugned order was passed dismissing the Application for leave, holding that there is absolutely no pleading to find any of the grounds specified under S.92 CPC. In the Original Order dated 06.12.2023 Exts.A1 to A16 documents were marked from the side of the Applicants and Exts.B1 and B2 documents from the side of the respondents. I
The court emphasized the necessity of establishing a clear and substantive interest and status of representation in public trust matters under Section 92 CPC to qualify for leave to sue.
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 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....
Establishing a public trust under CPC Section 92 requires clear prima facie evidence of trust existence; without this, applications are not maintainable.
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.
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