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Section 92 CPC: Navigating Second Applications in Public Trust Suits
Filing suits against public charitable or religious trusts under Section 92 of the Code of Civil Procedure (CPC), 1908, is a specialized process designed to protect these entities from frivolous litigation while allowing genuine interventions for breaches of trust or maladministration. But what happens when a first application fails? Can you file a Section 92 CPC 2nd application? This post breaks down the legal framework, key requirements, and judicial insights from landmark cases to guide you through this complex area.
Important Disclaimer: This article provides general information based on judicial precedents and is not legal advice. Legal situations vary; consult a qualified lawyer for advice tailored to your case.
Understanding Section 92 CPC: The Basics
Section 92 CPC empowers two or more persons having an interest in a public trust of a charitable or religious nature to sue for remedies like removing trustees, settling a scheme, or directing trust administration—but only after obtaining prior leave from the court.
Key prerequisites include:
- The trust must be public (benefiting an unascertained class of the public, not private individuals) S. Nanthakumar VS A. Viswanathan - 2021 Supreme(Mad) 443.
- Allegations of breach of trust or need for court directions in administration PASTOR WILSON JOSEPH vs THE GOOD NEWS FOR ASIA - 2009 Supreme(Online)(KER) 33783.
- Suit must seek one of the specific reliefs listed in Section 92(1)(a) to (h), such as framing a scheme or appointing new trustees SAURABH BHOLA vs UTTAM CHAND SITAWANTI DHARAMSHALA CHARITABLE TRUST AND OTHERS.
- Leave must be obtained before filing the suit; post-filing leave is invalid ASOKAN vs ANILKUMAR - 2017 Supreme(Online)(KER) 25500.
Failure to meet these renders the suit non-maintainable, often leading to rejection under Order VII Rule 11 CPC Madha Trust, Represented by its Founder/Managing Trustee, Rev. Fr. A. Savarimuthu, Kumbakonam VS D. Daniel Amaladoss - 2023 Supreme(Mad) 3047.
The Challenge of a Second Application Under Section 92 CPC
A Section 92 CPC 2nd application arises when an initial bid for leave or the suit itself fails. Courts scrutinize these rigorously to prevent abuse, applying principles like res judicata, abuse of process, and the suit's representative nature.
When Is a Second Application Barred?
- Second Round of Litigation: Courts dismiss repeat attempts if they revisit the same issues without new grounds. In one case, appellants' second application under Section 92 was rejected as the trust was deemed private, with costs imposed for initiating fresh litigation S. Nanthakumar VS A. Viswanathan - 2021 Supreme(Mad) 443. The court emphasized: Appellants initiated second round of litigation – Appeal dismissed with costs.
- Res Judicata and Constructive Res Judicata: A dismissed prior suit bars re-litigation on the same cause. Even fresh grounds not raised earlier may be barred if they could have been State of Punjab VS Davinder Pal Singh Bhullar - 2011 8 Supreme 577.
- Lack of Two Applicants: Section 92 mandates at least two persons at institution. If one withdraws post-leave, the suit can continue with one plaintiff, but initial non-compliance dooms it Dwaraka Doss Goverdhan Doss & SowbhagyavathyGangabai Memorial Trust Rep. by its Trustees VS Haridas Purushothamdas @ P. Haridas - 2023 Supreme(Mad) 2510. However, a sole applicant cannot start anew without curing defects Ram Sarup Lugani vs Nirmal Lugani.
- No Breach or Private Trust: Repeat applications fail if no public trust or breach is shown. E.g., suits for personal rights (like trustee appointment via will) fall outside Section 92 SAURABH BHOLA vs UTTAM CHAND SITAWANTI DHARAMSHALA CHARITABLE TRUST AND OTHERS.
Judicial Tests for Maintainability
Courts examine:
1. Prima Facie Case: Does the plaint allege breach or administrative necessity? Maintainability depends on plaint averments, not defenses Vellore Institute of Technology (VIT University) VS G. V. Sampath - 2015 Supreme(Mad) 985.
2. Interest in Trust: Applicants must prove clear, substantive interest; mere affiliation suffices not Arulmurugan vs Kalaimagal Educational Trust Represented by its Managing Trustee - 2024 Supreme(Mad) 2311. Affidavits disclosing interest are crucial.
3. Public vs. Private Trust: Private trusts (specific beneficiaries) cannot invoke Section 92 S. Nanthakumar VS A. Viswanathan - 2021 Supreme(Mad) 443.
4. Specific Reliefs Sought: Must match Section 92(1) clauses; e.g., declaring transfers void may not fit unless tied to administration PASTOR WILSON JOSEPH vs THE GOOD NEWS FOR ASIA - 2009 Supreme(Online)(KER) 33783.
In IRUVAIKONAM BHAGAVATHI TEMPLE IRUVAIKONAM, THIRUPURAM DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 41828, review petitions against dismissal were rejected for lacking errors apparent on the record, underscoring limited review scope.
Case Studies: Lessons from Courts
Case 1: Dismissal for Improper Leave ASOKAN vs ANILKUMAR - 2017 Supreme(Online)(KER) 25500
Defendants challenged post-suit leave. Court held: Leave under Section 92 CPC must be obtained prior to instituting a suit; post-institution leave... is liable to be dismissed. Suit struck off.
Case 2: Election Disputes Qualify PACHOMIOSE EDUCATIONALO & CHARITABLE ENLIGHENMENT FOUNDATION vs GEORGE SEBASTIAN - 2018 Supreme(Online)(KER) 6396
A suit over trustee elections without member notice was allowed under Section 92 as it concerned trust administration. Ratio: Suits concerning trustee elections... fall under Section 92 CPC.
Case 3: Impleadment to Cure Defects Ram Sarup Lugani vs Nirmal Lugani
After one applicant's death, court allowed impleadment under inherent powers (Section 151) to meet the two-person rule, stressing: Requirement of at least two parties... is mandatory.
Case 4: Trust Itself Cannot Sue SREE RAJA RAJESWARI DEVI vs SURESH BABU - 2025 Supreme(Online)(KER) 3204
Trial court dismissed trust's application, but appeal succeeded as individual interested persons were included. However, trusts generally cannot approach under Section 92.
Case 5: Scheme Modifications S. Jayachandran VS Justice P. Shanmugam (Retd. ). (Deleted) - 2023 Supreme(Mad) 2879
For Pachaiyappa's Trust, court mandated Section 92 suits for scheme changes, appointing an administrator pending resolution.
These illustrate courts' strict yet justice-oriented approach Kannammal Educational Trust, Rep. By its Managing Trustee, K.N.Ramachandran vs M/s.Arihant Shelters India Ltd., Rep. By its Authorised Signatory, D.Mahaveer - 2025 Supreme(Online)(Mad) 62937.
Procedure for a Viable Second Application
If pursuing a Section 92 CPC 2nd application:
- File Fresh Leave Application: Disclose prior dismissal and distinguish new facts/grounds.
- Gather Evidence: Affidavits proving interest, public nature, and breach.
- Seek Two Applicants: Ensure compliance from outset Dwaraka Doss Goverdhan Doss & SowbhagyavathyGangabai Memorial Trust Rep. by its Trustees VS Haridas Purushothamdas @ P. Haridas - 2023 Supreme(Mad) 2510.
- Avoid Collateral Attacks: Don't disguise personal disputes as trust issues SAURABH BHOLA vs UTTAM CHAND SITAWANTI DHARAMSHALA CHARITABLE TRUST AND OTHERS.
- Consider Alternatives: For private trusts, regular civil suits; for societies, Societies Registration Act remedies SREE BHAKTHI SAMVARDHINI YOGAM vs KRISHNAN MAHESWARAN - 2025 Supreme(Online)(Ker) 56513.
Key Takeaways
- Second applications are possible but face high hurdles; new material is essential to evade res judicata.
- Prior leave is non-negotiable—get it right first time.
- Public trust status is foundational; prove it or pivot.
- In most cases, courts protect trusts from harassment while enabling legitimate oversight G.RAVEENDRAN UNNITHAN Vs K.THANKAPPAN UNNITHAN - 2009 Supreme(Online)(KER) 16616.
Navigating Section 92 CPC 2nd application requires precision. While precedents like those above provide guidance, outcomes depend on facts. Always engage counsel early to assess viability and strategize.
Word of Caution: Judicial trends evolve; recent amendments or rulings may impact. This overview draws from established cases but isn't exhaustive.
For more on trust laws, explore our related posts on CPC provisions and dispute resolution.
Search Results for "Section 92 CPC: Rules for 2nd Applications"
2003 3 Supreme 449 • India - Supreme Court
M.B.SHAH, ARUN KUMAR
34(2) of the Act if the party making the application furnishes proof that:- ... ... the time being in force; or ... (iii) the party making the application ... Section 34. ... under section 92 and not under S. 90(2). ... (1) The Court can set aside the arbitral award under Section 34(2) of the Act if the party making the application furnishes proof ... Application for setting aside arbitral award.—(1) Reco....
1992 0 Supreme(SC) 581 • India - Supreme Court
K.JAYACHANDRA REDDY, S.R.PANDIAN
Constitution of India,1950 - Articles 21, 51 -A , 77 , 73 , 118 , 32 , 226 and 300-A - Indian Penal Code,1860 - Sections ... 161, 162, 163, 164, 409,420,468, 471 and 165 – Criminal Procedure Code,1973 - Sections 340, 482 , 119, 397, 401 , 154, 166-A , 285 ... for suo motu exercise of power in light of the well settled legal principles enunciated by this Court for the exercise of such powers ... Section 482 which corresponds to S. 561 A of the old Code and to S. 151 #H....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
Section 7. ... They do so in a very limited field ; see S. 91 and 92 of the Civil Procedure Code. ... State" within the meaning of that section.
1950 0 Supreme(SC) 19 • India - Supreme Court
G.KANIA
Por text of the section, seepage 372 ante. ... By means of such twofold prescription, the sphere for the application of the law will be confined only to a special type of cases ... It is this word which introduces the variable element in the application of the doctrine for what is reasonable in one set of circumstances ... application. ... The present petition, however, must stand dismissed, thoug....
2004 0 Supreme(SC) 1528 • India - Supreme Court
D.M.DHARMADHIKARI, H.K.SEMA
Civil Procedure Code, Order 3 Rule 1 - Power of attorney cannot be allowed to appear and depose as a witness on behalf of the principal ... He can appear only as a witness in his personal capacity regarding the acts done by him on behalf of the principal [Para 8] ... can file a complaint under Section 138 but cannot depose on behalf of the complainant. ... The DRT by an order dated 11-12-2000 passed an injunction order in an application made in OA No. 160-P #HL_START....
2009 Supreme(Online)(KER) 33783 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
Trust - Religious Trust - CPC Section 92 - The court analyzed the provisions of Section 92 of CPC, determining that the petition ... Beneficiaries filed a petition under Section 92 of CPC claiming invalidity of the transfers, seeking to vest the property back in ... Issues: Whether the petition filed under #....
2009 Supreme(Online)(KER) 24844 • India - High Court of Kerala
V.RAMKUMAR, J
CPC - Church Dispute - Section 92, Order XLI Rule 1 - This judgment deals with the jurisdictional requirements under Section 92 ... Issues: Whether the suit was maintainable under Section 92 of CPC, given the nature of reliefs sought concerning a public ... Final Decision: The appeal was dismissed as not maintainable for lack of prior leave under Section 92 #H....
• India - High Court of Punjab and Haryana
of the plaint on the ground that the suit ought to have been filed under Section 92 CPC. ... Issues: Whether the suit was maintainable under Section 92 CPC. ... The defendant, who was appointed as Trustee on the basis of a Will, filed an application under Order 7 Rule 11 CPC, seeking rejection ... claimed fall within some of the clauses of Sub-Section 1 #HL_S....
2018 Supreme(Online)(KER) 6396 • India - High Court of Kerala
P.SOMARAJAN, J
a breach under Section 92 CPC. ... administration of trusts and, therefore, fits within the provisions of Section 92 CPC. ... of the trust, thus satisfying the requirements of Section 92 CPC, allowing the suit to proceed. ... Section 92 CPC. ... purview of matters to be remedied under #HL_ST....
2021 0 Supreme(Mad) 443 • India - Madras
K.MURALI SHANKAR
Section 92 CPC - Nature of Trust - Settlement deed dated 03.02.1916 - Dismissal of application under Section 92 CPC - Trust found ... trust or need for court administration under Section 92 CPC. ... Finding of the Court: The court found that the trust in question was a private trust and that Section 92 of #....
2023 0 Supreme(Mad) 2510 • India - Madras
R. MAHADEVAN, MOHAMMED SHAFFIQ
Section 92 of the Civil Procedure Code, 1908 - Suit Continuation - [SUIT UNDER SECTION 92 OF CPC] - [TRUST] - [Section 92 of CPC ... ] - The court held that a suit instituted under Section 92 of the CPC, after obtaining the leave of the court by two or more persons ... Finding of the Court: The court found that a suit instituted under Section 92 of the CPC, after obtaining the leave ... of Section#HL_EN....
2023 0 Supreme(Mad) 2879 • India - Madras
T. RAJA, K. KUMARESH BABU
Trust Management - Pachaiyappa's Charitable Trust - Regulation VII of 1817, Section 92 CPC - The court discussed the management ... of the Civil Procedure Code and that the applications for modifications should have been filed as suits under Section 92. ... The court emphasized the requirement of invoking Section 92 of the Civil Procedure Code for modifying the scheme and highlighted ... 92 CPC. ... 92 of C.P.C., 1....
2023 0 Supreme(Mad) 3047 • India - Madras
R. VIJAYAKUMAR
Section 92 CPC - Rejection of Plaint - 92(1)(g) - 92 CPC Fact of the Case: The revision petitions arose from the ... Ratio Decidendi: The Court relied on the legal position that in every suit filed under Section 92 CPC, the grant of leave ... Issues: The main issue revolved around the necessity of obtaining leave under Section 92 CPC before numbering suits related ... This procedure adopted by the trial Court is clearly in violation of Section 92 ....
2025 Supreme(Online)(SC) 85701 • India - Supreme Court of India
The facts of the case are as under: The appellants filed an application under Section 92 read with Section 151 of the CPC, seeking leave to file a suit for Signature Not Verified declaration and permanent prohibitory injunction. ... Gopi Nath & Ors.”, reported in 1979 SCC Online Allahabad 244, while dealing with very same provision, namely Section 92 of the CPC, and pari materia provisions of the HP Courts Act, that the power to transfer a suit unde....
2025 Supreme(Online)(Del) 46301 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
In that case, the suit was filed along with an application under Section 92 of the CPC. The leave was granted by the District Court but set aside by the High Court. The Supreme Court restored the order of the District Court while examining the scope of Section 92. ... The Bar under Section 92 of the CPC and the Nature of the Suit 8. The Appellants vehemently argue that the suit is a "cleverly drafted" attempt to bypass Sec....
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