Back
SUBHASH VIDYARTHI
Ram Shiromani Pandey – Appellant
Versus
Manoj Tiwari @ Manoj Brahmchari – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Girish Chandra Sinha Advocate, the learned Counsel for the petitioner and Sri Hemant Kumar Pandey, the learned Standing Counsel for the State of U.P.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged validity of an order dated 13.08.2024 passed by the learned Civil Judge (Senior Division), Pratapgarh in Miscellaneous Case No.160 of 2024, whereby a suit for declaration and perpetual injunction filed under Sections 91 and 92 CPC has been dismissed at the admission stage as not maintainable.
3. The plaintiffs – petitioners filed the aforesaid suit against (1) Manoj Tiwari and (2) ‘The Public-at-Large’, praying that ‘Sachcha Baba Ashram’ situated at village Barachha, Majra Ranjeetpur Chilbila, Tahsil Sadar, District Pratapgarh, be declared to be a Religious Public Endowment, a Committee be formed and Rules be framed for its management. The petitioners pleaded that Late Mahabir Pandey, the father of the plaintif no. 1, was instrumental in setting up the Ashram, whose Grand-father Late Ganga Prasad Pandey had given his land for stay of saints and pilgrims. A saint who was com
A suit under Section 92 C.P.C. must be filed in the Principal Civil Court of original jurisdiction, not in a Civil Judge's Court, and the absence of a trust-deed does not prevent admission.
The main legal point established in the judgment is that the remedy under Section 25(1) of the Orissa Hindu Religious Endowments Act, 1951 is an efficacious remedy for the trust to recover the proper....
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....
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.
Civil courts lack jurisdiction over disputes concerning endowment properties governed by the Endowments Act, and jurisdictional issues must be resolved through a full trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
