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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Naveen Singh Rana – Appellant
Versus
Swargashram Trust – Respondent
JUDGMENT :
Alok Mahra, J.
This appeal from order has been preferred by the appellant challenging the judgment and order dated 22.12.2021 passed by the Court of Additional District Judge, Kotdwar, Pauri Garhwal, whereby, the application seeking leave under Section 92 of Civil Procedure Code for instituting suit against the defendants under Section 92(1) in Misc. Case No. 41 of 2021 ‘Naveen Singh Rana and Another Vs. Swargashram Trust and Others’ has been rejected.
2. The plaintiff-appellants filed an application being Civil Misc. No. 41 of 2021 against the defendant respondent, wherein, they have sought the following prayers:-
(A) To pass a decree for restoration and vesting of the assets/properties of the defendant No.1/Trust by divesting from the grip, clutches and illegal possession of the defendant No. 2, 3 and 4 their management, members and goons and agents and servants and advisors whosoever may be;
(B) To pass a decree for accounting of the assets and properties of the defendant No.1/Trust and usufruct thereof since 22/4/1964 against the defendant No. 2, and 3 and 4, their management, members and goons and agents and servants and advisors whosoever may be and to further pass a de
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 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.
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 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....
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