D ACHARIAH SETTY Vs. D ADINARAYANA SETTY

JUDGEMENT

(1.) This revision petition is directed against an order dated 8-10-84 made by the Principal City Civil and Sessions Judge, Bangalore City, in Miscellaneous Petitions No. 680/83, which is a petition filed under Section 92 of the Code of Civil Procedure for grant of leave to file a suit. Though the learned Judge has not disposed of that application, he only considered the question in relating to the nature of the trust, namely, public or private and held the same to be a public trust.

(2.) This Court in THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION v REV. D. I. ANAND & OTHERS (1980(2) Kar. L.J. 469) following several decisions of the Supreme Court, has formulated principles to be considered while dealing application for grant of leave u/s 92 of the Code of Civil Procedure, thus :- 1. Whether there is a public trust; 2. Whether there are allegations alleging breach of trust or the directions of the Court are necessary for the administration of such a trust;

(3.) That the suit to be filed must not only be in the interest of the plaintiffs individually but in the interest of the trust itself; and