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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.SUNDAR, K.RAJASEKAR
Honarary Secretary Samyukta Gowda Saraswata Sabha – Appellant
Versus
N.S.Balachandar – Respondent
JUDGMENT :
S.S. SUNDAR, J.
(1) The above appeal is directed against the order of the learned Single Judge dated 24.03.2022 granting leave to institute a suit under Section 92 of CPC for framing a scheme and for the proper management and administration of the affairs of a public Trust known as ''Samyuktha Gowda Saraswatha Sabha'' [hereinafter referred to as ''Sabha''] which is also registered as a Society under the Tamil Nadu Societies REGISTRATION ACT , 1860, [hereinafter referred to as ''the Act''] in Application No.6408/2019 in the unnumbered suit filed by respondents 1 and 2 herein.
(2) The appellant is the Honorary Secretary of the Sabha. Respondents 1 and 2 herein as plaintiffs, filed the suit which is yet to be numbered against 12 defendants including the appellant herein who is the 1st defendant in the said suit. The appellant is shown as Honorary Secretary of Sabha which is registered as a Society under the Act.
(3)The suit is for the following reliefs: -
a) Framing a scheme for the proper management and administration of the affairs of the Samyukta Gowda Saraswata Sabha, 1st defendant as to effecutate the objects set out in bye-law 1 of the Sabha.
b) Removing the defendants 2
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
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.
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....
Establishing a public trust under CPC Section 92 requires clear prima facie evidence of trust existence; without this, applications are not maintainable.
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 court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
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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