BHARATHIYA VIDYA VAHINI TRUST A REGISTERED CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT NEAR PTA SCHOOL, ASHOKA PILLAR I BLOCK, JAYANAGAR BANGALORE - 560011 REP. HEREIN BY ITS EXECUTIVE TRUSTEE SRI K.N. LAKSHMI NARASIMHA AND OTHERS Vs. SRI D

JUDGEMENT

(1.) THE learned Principal City Civil Judge, Bangalore has refused to grant leave to petitioners/appellants under Section 92 CPC. Therefore, appellants are before this Court. I have heard Sri S.S. Naganand, learned Senior Counsel for appellants/petitioners and Sri Jayakumar S.Patil, learned Senior Counsel for respondents.

(2.) THE reliefs sought for in plaint are as follows:

(3.) THE learned trial judge has relied on the judgment of Supreme Court reported in Vidyodaya Trust Vs. Mohan Prasad R. and Others, AIR 2008 SC 1633 wherein, the Supreme Court has held: Civil P.C. S. 92 - Suit against Public Trust - -Leave - - suit was projected as for vindicating public rights. But emphasis was on certain purely private and personal disputes - - Grant of leave, thus not legal. Further, at para 25 of the judgment, it is observed as under: To put it differently, it is not every suit claiming reliefs specified in Section 92 that can be brought under the Section; but only the suits which besides claiming any of the reliefs are brought by individuals as representatives of the public for vindication of public rights. As a decisive factor the Court has to go beyond the relief and have regard to the capacity in which the plaintiff has sued and the purpose for which the plaintiff has sued and the purpose for which the suit was brought. The courts have to be careful to eliminate the possibility of a suit being laid against a public trusts under section 92 by persons whose activities were not for protection of the interest of public trusts. The learned trial judge has also referred to the earlier judgments reported in AIR 1938 Madras 92, AIR 1943 Madras 466 and AIR 1969 SC 884.