Sec 92 CPC has no application in the suit filed by a trust; SC.

Supreme Court of India

Justice Hemant Gupta and Justice L Nageswara Rao

The SC {GHAT TALAB KAULAN WALA v. BABA GOPAL DASS CHELA SURTI DASS (DEAD) BY LR RAM NIWAS } holds that 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. It was held that 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, it was held that the finding of the High Court is clearly erroneous and not sustainable. It was held that the fact is that Baba Gopal Dass has been found to be Sevadar as per statement (Ex.P/1) given in the previous suit for permanent injunction. Therefore, Ram Niwas as legal representative of Baba Gopal Dass will not have a larger interest than what was vested in the original defendant. Ram Niwas has been found to be doing service to the Temple as member of public. The High Court has affirmed the finding that Ram Niwas could offer his services but he has not proved that he was appointed as Chela of Baba Gopal Dass. In view of the above, the appeal was allowed and the suit was decreed.

In the present case, the HC has dismissed the suit, holding that, the suit is not maintainable without complying with the requirements of Section 92 of the Code of Civil Procedure, 1908 . The said finding was set aside by the SC - as the suit was filed by the trust and the inhibition of Sec 92 CPC is only applicable when the suit is filed against the trust.