SREE RAJA RAJESWARI Vs. SURESH BABU

JUDGEMENT

(1.) This appeal has been preferred against the order passed by the Sub Court, Attingal, in O.P.No.5 of 2023, filed by the appellants seeking leave under Sec. 92 of the Code of Civil Procedure,1908, for instituting a suit. The trial court dismissed the application following the law laid down by the Hon'ble Supreme Court in Ghat Talab Kaulan Wala vs Baba Gopal Dass Chela Surti Dass (Dead) BY LR RAM NIWAS [AIR 2020 SC 705]. The court found that an application under Sec. 92 CPC by the trust itself is not maintainable. Since the issue involved a larger question of law, this Court sought the assistance of Senior Advocate Sri P.B. Krishnan as amicus curiae.

(2.) The amicus curiae addressed the Court in extenso on the scope of Sec. 92 and also took the Court to the provisions contained in the Charitable and Religious Trusts Act, 1920 ('1920 Act' for short). Sec. 92 of the Code of Civil Procedure reads thus;

(3.) Going by the words used in Sec. 92, it would appear that the persons who can approach the Court are; (i) the Advocate General and (ii) two or more persons having an interest in the Trust who have obtained the consent in writing of the Advocate General. The Sec. also says that the purpose for seeking leave is when there is an alleged breach of any express or constructive trust created for public purposes or for charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such Trust. It also provides that the suit need not be contentious. The decrees that can be sought are all relating to the manner in which the Trust is administered and the conduct of the persons who are in the administration of the Trust. A reading would show that the Sec. 92 does not speak about the Trust itself approaching the Court. It is in the above context that the Hon'ble Supreme Court had held in Ghat Talab Kaulan Wala (supra) that an application by a Trust is not contemplated under Sec. 92 CPC.