Section 92 CPC: Does It Apply to Charitable Societies in India?

In the realm of Indian civil law, managing charitable organizations often raises complex questions about oversight and litigation. One frequent query is: Applicability of Section 92 of CPC to Charitable Societies. This provision under the Code of Civil Procedure, 1908 (CPC), is pivotal for regulating suits against public charitable or religious trusts. But does it extend to societies registered under the Societies Registration Act, 1860? This blog post delves into the legal principles, judicial interpretations, and practical considerations, drawing from key case laws and statutory insights.

Note: This article provides general information based on judicial precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.

Understanding Section 92 CPC: Nature and Purpose

Section 92 CPC is a safeguard designed to protect public trusts of a charitable or religious nature from frivolous litigation. It mandates that suits seeking to interfere with trust administration—such as removal of trustees, vesting of property, or sale of trust assets—require prior leave of the court. Mohd. Yosuf Khan VS Sofi Gh. Qadir - J&K (2010)Annai Teresa Education and Social Welfare Charitable Trust VS P. Gunasekar - Madras (2018)Aurobindo Ashram Trust Rep by its Managing Trustee, Aurobindo Ashram Trust, Puducherry VS S. Ramanathan - Madras (2013)

The primary aim is to regulate such suits and prevent harassment. As noted in judicial observations, The main purpose of Section 92, CPC, is to protect public trusts of a charitable or religious nature from being subjected to harassment by suits being filed against them. The Malankara Orthodox Syrian Church, Represented By Its Sabha Secretary Adv. Biju Oommen, S/o. Oommen VS Eldho Basil, S/o. E. M. Paulose - 2022 Supreme(Ker) 869 - 2022 0 Supreme(Ker) 869 This condition ensures only genuine public interest matters proceed, avoiding reckless litigation.

Courts have clarified that Section 92 is not confined to breaches of trust alone. It encompasses broader administration issues, including the sale or management of trust property, even absent an alleged breach. A. R. R. Charitable Trust Rep. by its Founder Trustee B. Ramachandran, Chennai VS Amrita Vishwa Vidyapeetham, Rep. by its Chancellore Mr. Swami Abhayamritananda Puri, Coimbatore - Madras (2023)

Distinction Between Societies and Trusts

A critical threshold issue is distinguishing societies from trusts. Registration under the Societies Registration Act, 1860, does not automatically convert society-held properties into trust properties or invoke Section 92. Societies and trusts remain legally distinct entities. ADVOCATE GENERAL VS BHARTIYA ADAM JATI SEWAK SANGH - Himachal Pradesh (2001)

However, if a society manages property dedicated to public charitable purposes—creating an express or constructive trust—Section 92 may come into play. The Supreme Court emphasizes that suits under this section are special, filed by interested persons for public purposes, not private rights. Infocom (India) Pvt. Ltd. VS State of Rajasthan - Rajasthan (2010)Aurobindo Ashram Trust Rep by its Managing Trustee, Aurobindo Ashram Trust, Puducherry VS S. Ramanathan - Madras (2013)

Applicability to Charitable Societies: Judicial Perspectives

Does Section 92 apply directly to charitable societies? Courts consistently hold that mere registration as a society does not qualify it as a public trust under Section 92. ADVOCATE GENERAL VS BHARTIYA ADAM JATI SEWAK SANGH - Himachal Pradesh (2001)

Yet, applicability hinges on facts. If the society engages in public charitable activities and the suit concerns trust administration, courts may invoke Section 92, provided public interest is demonstrated. For instance, As per Section 92 of CPC, if there is any grievance with regard to the functions of a Trust created for charitable purpose, two or more persons having an interest in the trust may institute a suit after obtaining leave of the Court. TAMIL NADU ARYA VYSYA MAHA SABHA AND 2 OTHERS Vs The Pachaiyappas Trust - Madras

In another context, suits alleging a respondent as a public religious charitable trust were entertained under Section 92. GOPALKRISHNA JHA vs SHRI 108 PUJYAPAD ADVET PANCH PARMESHWAR PANCHAYATI AKHARA - 2025 Supreme(Online)(UK) 3174 - 2025 Supreme(Online)(UK) 3174 Similarly, for trusts operating schools, courts noted that provisions like the Indian Trusts Act, 1882, do not apply to public charitable trusts, reinforcing Section 92's relevance. Sanjit Singh Salwan VS Sardar Inderjit Singh Salwan - 2024 Supreme(All) 1569 - 2024 0 Supreme(All) 1569

A key question arises: Whether the society formed under the Societies Registration Act for charitable and religious purpose can be amenable to Section 92 treating it to be a Trust? Judicial analysis often affirms conditional applicability based on public character. KRIPAL SINGH BAJWA VS TRUST MANAV KENDRA - 2012 Supreme(UK) 436 - 2012 0 Supreme(UK) 436

Specific Conditions for Invoking Section 92

To apply Section 92 to a charitable society scenario:

1. Public Charitable Nature: The entity must function as a public trust, not private. Ram Gandhi vs Prem Daan Sansthan Trust - Delhi (2018)Annai Teresa Education and Social Welfare Charitable Trust VS P. Gunasekar - Madras (2018)
2. Applicant's Interest: Plaintiffs must show genuine interest in the trust. Annai Teresa Education and Social Welfare Charitable Trust VS P. Gunasekar - Madras (2018)
3. Suit Purpose: The action must protect or administer the trust, not resolve private disputes. Infocom (India) Pvt. Ltd. VS State of Rajasthan - Rajasthan (2010)
4. Court Leave: Prior permission is mandatory; the court assesses prima facie breach or need for directions. The Malankara Orthodox Syrian Church, Represented By Its Sabha Secretary Adv. Biju Oommen, S/o. Oommen VS Eldho Basil, S/o. E. M. Paulose - 2022 Supreme(Ker) 869 - 2022 0 Supreme(Ker) 869

The District Court or Advocate-General verifies these, ensuring suits vindicate public rights. References highlight its scope for mismanagement or directions in administration. Palani Town Viswa Brahmana Mahajana Sangam (REGD,7/1958) VS P. Thangavel - MadrasNair Service Society vs Kottukal Krishnakumar, S/o K Velayudhan Pillai - KeralaAbhishek Agarwalla VS Kailash Nevatia - Calcutta

Limitations and Exceptions

Section 92 does not cover purely private rights or intra-society disputes unless tied to public trust administration. Infocom (India) Pvt. Ltd. VS State of Rajasthan - Rajasthan (2010)Aurobindo Ashram Trust Rep by its Managing Trustee, Aurobindo Ashram Trust, Puducherry VS S. Ramanathan - Madras (2013)

For registered societies, statutory remedies under the Societies Registration Act may take precedence unless the suit qualifies as a public trust matter. Unregistered associations functioning as public trusts can still fall under it, emphasizing substance over form. Nair Service Society vs Kottukal Krishnakumar, S/o K Velayudhan Pillai - KeralaHonarary Secretary Samyukta Gowda Saraswata Sabha vs N.S.Balachandar - Madras

Courts stress: The section's broad scope covers breaches, mismanagement, or administrative directions, but only post-leave. Without it, suits risk dismissal. Palani Town Viswa Brahmana Mahajana Sangam (REGD,7/1958) VS P. Thangavel - MadrasAbhishek Agarwalla VS Kailash Nevatia - Calcutta

Integrating Other Judicial Insights

Further precedents affirm this nuanced approach. In cases involving religious akharas or schools run by charitable trusts, Section 92 was pivotal when public interests were at stake. GOPALKRISHNA JHA vs SHRI 108 PUJYAPAD ADVET PANCH PARMESHWAR PANCHAYATI AKHARA - 2025 Supreme(Online)(UK) 3174 - 2025 Supreme(Online)(UK) 3174Sanjit Singh Salwan VS Sardar Inderjit Singh Salwan - 2024 Supreme(All) 1569 - 2024 0 Supreme(All) 1569

The provision extends to ensuring proper management, protecting against unauthorized interference. Its procedural rigor—requiring court scrutiny—balances access to justice with trust stability. St. Peter's Orthodox Syrian Church VS Fr. Abraham Mathews - 2011 Supreme(Ker) 1104 - 2011 0 Supreme(Ker) 1104The Honarary Secretary Samyukta Gowda Saraswata Sabha vs Mr.N.S.Balachandar - Madras

Key Takeaways and Recommendations

• Primary Application: Section 92 targets public charitable/religious trusts needing court intervention for administration. Ram Gandhi vs Prem Daan Sansthan Trust - Delhi (2018)
• Societies' Position: Registration alone insufficient; public trust character and suit purpose are decisive. ADVOCATE GENERAL VS BHARTIYA ADAM JATI SEWAK SANGH - Himachal Pradesh (2001)
• Invoke Cautiously: Demonstrate interest, public purpose, and obtain leave to avoid dismissal.
• Strategic Advice: Assess the entity's nature early. For societies holding trust properties, hybrid remedies may apply.

In summary, while Section 92 does not automatically bind charitable societies, it may apply if they manage public trusts and suits serve public interests. Judicial trends prioritize trust protection over formal labels, urging careful evaluation.

Word count: 1028. References compiled from cited documents for illustrative purposes.

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