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K. MURALI SHANKAR
S. Thiruvengadam – Appellant
Versus
Srimathi Ranganayaki and Sri Sriramulu Educational and Public Charitable Trust – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the impugned order and decreetal order passed by the Principal District Judge, Thanjavur in I.A.No. 131 of 2022 in UF OS dated 05.09.2022 granting leave to the second and third respondents to institute the suit in the name of the first respondent Trust under Section 92 of the Civil Procedure Code, 1908.
1. The Civil Revision Petition is directed against the order passed in I.A.No. 131 of 2022 in unnumbered suit dated 05.09.2022, on the file of the Principal District Court, Thanjavur, granting leave to file the suit under Section 92 C.P.C.
2. Originally, the said suit was filed before the Principal Subordinate Court, Thanjavur and the petition filed under Section 92 C.P.C., was taken on file in I.A.No. 54 of 2021 in unnumbered suit, that the revision petitioner / first defendant along with the fourth defendant has filed a Tr.O.P., in Tr.O.P.No. 29 of 2021, on the file of the Principal District Court, Thanjavur seeking transfer of the petition in I.A.No. 54 of 2021 in unnumbered suit on the file of the Principal Subordinate Court, Thanjavur to the file of the Principal District C
A party seeking to sue under Section 92 must establish a clear and substantive interest in the trust being challenged; mere affiliation is insufficient.
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 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....
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.
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.
Point of law: In matter of grant of leave under Section 92(1) of C.P.C, plaint averments alone need to be looked into.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
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....
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