PACHOMIOSE EDUCATIONAL Vs. MATHAI

JUDGEMENT

(1.) Against the order granting leave to institute a suit under Section 92 of the Code of Civil Procedure in O.P.No.5 of 2016 of the Sub Court, Muvattupuzha, the aggrieved respondents (respondents 1 to 3) came up with this Revision.

(2.) The main challenge mooted is that in the Original Petition there is no allegation of breach of trust. Unless there is breach of trust, no suit can be brought under the purview of Section 92, which is a special provision. The second ground raised in the petition is non-issuance of notice to the members at the time of conducting election to the respective officers of the Trust which, according to respondents 1 to 3, would amount to vindicating personal rights, on that simple ground a suit cannot be brought under the purview of Section 92 of the Code of Civil Procedure.

(3.) There is no dispute with respect to the nature of the Trust, being a public charitable trust. The dispute is that the suit framed challenging the election to the office bearers of the Trust mainly on the ground of non-issuance of notice to its members would not come under the purview of Section 92 CPC as it is one vindicating a personal right.