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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Raj Bahadur – Appellant
Versus
Pawan Kumar – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present order would dispose of two revision petitions arising from the same suit. The first petition i.e. Civil Revision No.1797 of 2017 has been filed by 12 petitioners, who are the defendants in the suit, in which challenge is to the order dated 17.11.2016 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, District Jalandhar whereby the application under Order 1 Rule 10 CPC for impleading respondent No.2 (Gopal Krishan Kundi) as one of the plaintiffs in the suit has been allowed. The second petition i.e. Civil Revision No.1133 of 2018 has been filed by Gopal Krishan Kundi (added plaintiff No.2) in which challenge is to the order dated 27.11.2017 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, vide which the application filed by the petitioner-plaintiff No.2 under Section 92 CPC read with Section 151 CPC (Annexure P-1) to obtain leave of the Court has been dismissed.
CR-1797-2017
2. Brief facts of the present case are that Pawan Kumar- respondent No.1 had filed a suit against 13 defendants with the following prayers: -
“It is therefore respectfully prayed that suit for Permanent Injunction restraining the defendants
Partial rejection of a plaint is impermissible; if any relief survives, the action cannot be dismissed in parts, emphasizing the need for whole plaint consideration.
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.
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 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 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....
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.
Plaint under Section 92 CPC not rejected under Order VII Rule 11 where it discloses cause of action via fraud/breach allegations in public religious trust; limitation/mixed issues triable; no partial....
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.
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