JUDGMENT

This appeal has been preferred against the order passed by the Sub Court, Attingal, in O.P.No.5 of 2023, filed by the appellants seeking leave under Section 92 of the Code of Civil Procedure,1908, for instituting a suit. The trial court dismissed the application following the law laid down by the Hon'ble Supreme Court inGhat Talab Kaulan Wala vs Baba Gopal Dass Chela Surti Dass (Dead) BY LR RAM NIWAS [AIR 2020 SC 705]. The court found that an application under CPC by the trust itself is not maintainable. Since the issue involved a larger question of law, this Court sought the assistance of Senior Advocate Sri P.B. Krishnan as amicus curiae.

2. The amicus curiae addressed the Court in extenso on the scope of Section 92 and also took the Court to the provisions contained in the Charitable and Religious Trusts Act, 1920 ('1920 Act' for short). of the Code of Civil Procedure reads thus;

“92. Public charities.

(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such trust, the Advocate General, or two