Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Interested Person under Sec 92 CPC - Section 92 of the Civil Procedure Code (CPC) pertains to suits filed by persons interested in a trust or property, typically in cases involving public or charitable trusts. To invoke Sec 92, there must be two or more persons interested in the suit, and the suit is generally instituted either by a person on behalf of interested parties or by interested parties themselves. The key requirement is that the plaintiffs must demonstrate a genuine interest in the subject matter, such as a trust or property, and that they are acting in a representative capacity. The provision aims to facilitate the management or protection of interests in trusts or properties without requiring all interested persons to be parties to the suit 2023 Supreme(Online)(MAD) 10728, 2023 Supreme(Online)(Mad) 97479, 2023 Supreme(Online)(MAD) 11817.
Locus Standi and Interested Person - The courts emphasize that only persons with a direct or substantial interest in the subject matter can invoke Sec 92 CPC. Merely claiming interest or being associated with a trust does not suffice; the interested person must have a specific, identifiable stake in the trust or property. Several rulings clarify that if the petitioner or plaintiff cannot establish their interest as per the statutory criteria, their application or suit under Sec 92 is liable to be dismissed. For instance, if a trust is not public or charitable, or if the applicant has no genuine interest, the court may reject the petition 2021 Supreme(Online)(MAD) 45950, 2023 Supreme(Online)(Mad) 90622, 2024 Supreme(Online)(Mad) 46331.
Procedure for Filing under Sec 92 - Typically, a petition seeking leave to file a suit under Sec 92 must be filed, and the court's permission (leave) is a prerequisite. The court examines whether the applicant is an interested person, whether the trust is public/charitable, and whether the suit is necessary for protecting the interest. If leave is not granted, the suit cannot proceed. Several cases highlight that failure to obtain proper leave or lack of interest can render the suit not maintainable 2025 Supreme(Online)(Mad) 64236, 2022 Supreme(Online)(MAD) 24441.
Evidence and Documentation under Sec 92 - When a suit under Sec 92 involves documents like sale agreements or trust deeds, the production of such documents is crucial. Under Sec 92, if the terms of a contract are proved by the document itself, oral evidence about those terms is generally inadmissible, except in cases where extraneous circumstances affect the validity of the document. The burden of disproving the contents lies with the party opposing the document. Proper proof and adherence to procedural requirements are essential for the suit's validity 2023 Supreme(Online)(Mad) 98758 2023 Supreme(Online)(Mad) 98758,
INDMAD00095366
.Analysis and Conclusion:A Interested Person under Sec 92 CPC is someone who has a direct, substantial interest in the trust or property involved in the suit, and who can demonstrate this interest in accordance with legal criteria. The provision facilitates representative suits by interested parties but requires strict compliance with procedural formalities, including obtaining court permission. Courts scrutinize the nature of interest, the status of the trust (public or private), and the proper filing process. If these conditions are not met, the suit or application under Sec 92 may be dismissed for lack of locus standi or maintainability. The primary goal of Sec 92 is to protect the interests of interested parties efficiently, without unnecessarily burdening all interested persons to be parties to the suit.
Navigating the intricacies of public trusts and charities in India often requires understanding specialized provisions like Section 92 of the Civil Procedure Code (CPC). If you've ever wondered, Interested Person under Sec 92 CPC, you're not alone. This section empowers certain individuals to file suits to protect public rights in religious or charitable trusts, addressing issues like mismanagement, trustee removal, or property vesting. But who exactly qualifies as an interested person, and what are the procedural hurdles? This guide breaks it down step-by-step, drawing from judicial precedents and statutory requirements, to help you grasp the essentials. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
Section 92 CPC suits are unique—they're representative in nature, binding all interested parties even if not named, and focus on public rights rather than individual claims. 2003 7 Supreme 43
To invoke Section 92 CPC, the plaintiff must be an interested person with locus standi (standing to sue). Courts strictly interpret this: merely being a well-wisher or claiming vague association isn't enough. You need a direct, substantial interest in the trust or property, such as:
Judicial rulings emphasize this. For instance, two or more persons interested in the suit are typically required, acting in a representative capacity to protect the trust without involving every beneficiary. 2023 Supreme(Online)(MAD) 10728 2023 Supreme(Online)(Mad) 97479 2023 Supreme(Online)(MAD) 11817
If the trust isn't public or charitable, or if the applicant lacks genuine interest, the suit may be dismissed for want of locus standi. Courts have ruled that petitioners must prove a specific, identifiable stake. 2021 Supreme(Online)(MAD) 45950 2023 Supreme(Online)(Mad) 90622 2024 Supreme(Online)(Mad) 46331
Key Quote: The courts emphasize that only persons with a direct or substantial interest in the subject matter can invoke Sec 92 CPC. 2021 Supreme(Online)(MAD) 45950
Filing under Section 92 CPC follows a structured process. Here's a detailed roadmap:
Key Quote: However, the burden of disproving the contents of the document would be the responsibility of the person who pleads the contrary.
S.GOVINDARAJAN, Vs P.NATARAJAN, - Madras
Many suits fail due to procedural lapses:- No Prior Leave: Suit not maintainable. 2025 Supreme(Online)(Mad) 64236- Insufficient Interest: Dismissed outright. 2024 Supreme(Online)(Mad) 46331- Private Trusts: Section 92 applies only to public/charitable ones.
Courts protect public rights efficiently, allowing representative actions without burdening all parties. 2023 Supreme(Online)(MAD) 11817
Successful suits can yield:- Removal/appointment of trustees.- Property vesting or accounts.- Scheme settlement for trust administration. 2017 0 Supreme(Mad) 1734
Being an interested person under Sec 92 CPC demands proving a genuine stake in a public trust, followed by rigorous procedures like obtaining court leave. This provision safeguards charities from mismanagement while streamlining oversight through representative suits. Key takeaways:
For trust stakeholders, timely action under Section 92 can prevent irreparable harm. However, success hinges on compliance. This overview is for informational purposes; professional legal counsel is recommended for case-specific guidance.
Sources:2003 7 Supreme 43 1996 0 Supreme(Kar) 372 2023 0 Supreme(Mad) 3092 2017 0 Supreme(Mad) 1734 2017 0 Supreme(Mad) 2143
S.GOVINDARAJAN, Vs P.NATARAJAN, - Madras
2022 Supreme(Online)(MAD) 3137 2023 Supreme(Online)(MAD) 10728 2023 Supreme(Online)(Mad) 97479 2023 Supreme(Online)(MAD) 11817 2021 Supreme(Online)(MAD) 45950 2023 Supreme(Online)(Mad) 90622 2024 Supreme(Online)(Mad) 46331 2025 Supreme(Online)(Mad) 64236 2022 Supreme(Online)(MAD) 24441 2023 Supreme(Online)(Mad) 98758 #Sec92CPC, #PublicTrusts, #LocusStandi
The 1st petitioner's Trust is not a public charitable Trust, or a religious Trust and hence, the 1st respondent has no locus standi to file this suit under Sec. 92 C.P.C. ... Before proceeding to the point raised by the applicants/defendants that the Trust is not a pubic Trust and the suit under Section 92 CPC will not lie, it should be admitted that the respondents have filed an application under #HL_ST....
However, the burden of disproving the contents of the document would be the responsibility of the person who pleads the contrary. For the purpose of convenience the import of sec.92 is extracted as under: 92. ... As per sec.92 of the Act, it the terms of such contract was proved by production of the very document, oral evidence about the terms of contract should be....
That the requirement under Section 92 of the CPC is that two or more persons interested in the suit, are required to institute the suit. ... Again in AIR 1925 Madras 1011 it was observed that where a suit is instituted by two or more persons interested, the joining of a person also who is not interested will not affect the institution of the suit. ... continuity under Section 9....
That the requirement under Section 92 of the CPC is that two or more persons interested in the suit, are required to institute the suit. ... Again in AIR 1925 Madras 1011 it was observed that where a suit is instituted by two or more persons interested, the joining of a person also who is not interested will not affect the institution of the suit. ... Even in that eventuality the....
. 92 C.P.C. ... Before proceeding to the point raised by the applicants/defendants that the Trust is not a pubic Trust and the suit under Section 92 CPC will not lie, it should be admitted that the respondents have filed an application under Sec.92 CPC in ... No.3752 of 2022 in C.S.No.133 of 2022 respondent to file any petition under Sec.#HL_STA....
In this context, the appellants have no locus standi to maintain the present suit and the application under Sec. 92, as their remedy, if any, lies elsewhere. ... The rule says : " Where there are numerous persons having the same interest in one suit, one person may sue on behalf of all persons so interested. " The " one person" indicated in the rule is the person who has an interest comm....
He would specifically underscore a particular facet of the legal aspect that who is interested person in terms of Section 92 CPC. ... I humbly submit that no valid reasons have been made out for filing a suit under Sec.92 of the Code of Civil Procedure. ... Most importantly, the applicants/ plaintiffs herein cannot even remotely call themselves as "interested#....
object of Section 92 of CPC and not the defence taken by the defendants. ... Therefore, Sec.92 CPC permission was granted in A.No.3025/2013 dated 21.01.2014 and Original Side Appeal No.522014 before the Hon'ble Division Bench was dismissed. But, the Suit cannot be numbered as application seeking permission under Or. ... On coming to know about that the Suit filed under Section 92 of #HL....
under Section 92 CPC. ... The said IA was filed seeking the leave of the court to institute a suit under Sec 92 of the Code of Civil Procedure (CPC), 1908. 2. ... The suit was proposed under Sec 92 of CPC seeking several reliefs on the charge of mala-fide against the respondents. 22. ... The learned District Judge after hearing bo....
For the purpose of convenience the import of sec.92 is extracted as under: 92. ... However, any fact that would invalidate the document or prove any other extraneous circumstances as mentioned in the provisos to sec.92, to that extent oral evidence is permissible. ... In the case in hand, the respondent/plaintiff has produced Ex.A.1 sale agreement in accordance with sec.91 of the Evidenc....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.