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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Naveen Singh Rana – Appellant
Versus
Swargashram Trust – Respondent
| Table of Content |
|---|
| 1. hindu public trust created for sadhus' welfare and community. (Para 1 , 2 , 3 , 4) |
| 2. mismanagement alleged; defendants deny, cite personal motives. (Para 5 , 6 , 7 , 8) |
| 3. leave rejected to prevent multiplicity, lacking evidence. (Para 9) |
| 4. three conditions required for section 92 cpc suits. (Para 10 , 11) |
| 5. trial court erred; must assess public vs personal interest. (Para 12 , 13) |
| 6. order set aside; remanded for proper consideration. (Para 14) |
JUDGMENT :
ALOK MAHRA, J.
1. 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/Trus
Section 92 CPC suits against public trusts require three conditions: public charitable/religious purpose, breach or need for court direction, specified relief. Trial courts must analyze averments and....
To maintain suit under Section 92 CPC against public charitable trust, three conditions must be met: public purpose, breach or need for direction, specified relief; court must verify public protectio....
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.
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