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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
R.Gopinath – Appellant
Versus
G.R.Karthikeyan – Respondent
| Table of Content |
|---|
| 1. overview of the public charitable trust and plaintiffs' claim. (Para 2 , 3) |
| 2. plaintiffs assert their trustee rights; defendants argue for necessary parties. (Para 4 , 5 , 6) |
| 3. court's analysis of the applicability of section 92 cpc. (Para 7 , 18 , 20 , 22 , 25) |
| 4. court's decision reflecting on the trust mismanagement and plaintiffs' claims. (Para 26 , 27) |
JUDGMENT :
1. The Civil Miscellaneous Appeal is preferred against order dated 12.06.2025 passed in I.A.No.2 of 2021 in OSCFR No.10337 on the file of the learned Principal District Judge, Coimbatore.
a. Declaring that the plaintiffs are the lifetime Managing Trustees of 'Coimbatore Auto Sports and Transport Trust.'
3.According to the plaintiffs, a trust under the Name and Style of 'Coimbatore Auto Sports and Transport Trust' was formed on 09.09.1987 for General and Public Utility and Charity and the same was registered the office of the 3rd defendant. The said Trust was formed by the father's of the plaintiffs and the defendants 1 & 2 respectively. It is specifically mentioned in the Trust deed, that the Trust is formed for the following purpose:
2.To acquire land, build and maintain for the purpose of laying racing
A suit under Section 92 of CPC must serve public interest and establish breach of trust; claims of personal grievances cannot sustain such suits.
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....
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
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.
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 Trust possesses a distinct legal identity separate from its founders, exempting it from unauthorized claims of trusteeship from third parties, as affirmed under Section 92 of CPC.
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