Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC [Read Judgment]

The Supreme Court has observed that the procedure prescribed under Section 92 of the Code of Civil Procedure would not be applicable in a suit by a Trust.

In this case, the Trust known as Ghat Talab Kaulan Wala filed the suit through one Charan Dass. The High Court had held that the suit is not maintainable without complying with the requirements of Section 92 of the Code of Civil Procedure, 1908 .

Assailing this judgment, the appellant's contention was that the High Court erred in law in finding that the suit is not maintainable in view of Section 92 of the Code as such provision is meant for invocation of jurisdiction against the Trust. Section 92 of the Code has no applicability in respect of a suit instituted by a Trust, it was submitted.

Agreeing with the said submission, the bench of Justices L. Nageswara Rao and Hemant Gupta said:

Section 92 of the Code contemplates a suit against a Trust either for removing any trustee; appointing new trustee; or vesting any property in a trustee etc. but the present suit itself is by a Trust against a Sevadar, therefore, the procedure prescribed under Section 92 of the Code would not be applicable in a suit by a Trust. Section 92 of the Code confers right on a person in case of any alleged breach of any express or constructive trust created for a public purpose of a charitable or religious nature. Since the Trust itself was the plaintiff, the finding of the High Court is clearly erroneous and not sustainable. 

Case name: GHAT TALAB KAULAN WALA  vs. BABA GOPAL DASS CHELA SURTI DASS (DEAD)
Case no.: CIVIL APPEAL NO. 724 OF 2020
Coram: Justices L. Nageswara Rao and Hemant Gupta 

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