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TMI Blog1945 (5) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... erable antiquity. But whether these allegations be right or wrong, we think that they become immaterial in view of certain proceedings which were begun in 1930 and resulted in a scheme being settled for the administration of this temple by the Court under Section 92, Civil P.C. The decree in those proceedings was made in 1933 and under it a scheme was settled by which the present defendant-respondents were constituted by the Court a committee of management, or, in other words, trustees, for the purpose of administering this public religious trust. We should say at this point that it is common ground between the parties that the temple and its property do constitute a trust for public purposes of a religious nature. The plaintiffs in the sui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Now, to paraphrase it, what that relief amounts to is a claim that, so far as the mahantship or managership or trusteeship (whatever you like to call it) is concerned, the scheme settled by the Court in 1983 is all wrong and must either be varied or over-ridden altogether. It is in substance a claim to have a fresh set of trustees substituted for the trustees appointed by the scheme, if not, to have the schema torn up altogether. We can readily understand, that, even when a scheme has been settled by the Court under Section 92, Civil P.C., a stranger may come in for the purpose of asserting a title which is paramount to the trust altogether and in that sense he may claim to have the whole scheme displaced upon the ground that there ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iffs could not possibly have that done except by the machinery of Section 92, Civil P.C. It only requires stating, we think, to be immediately clear that it would be an intolerable position if it were open to one Court in effect to set aside or vary a scheme settled by another Court under Section 92, Civil P.C., otherwise than in accordance with the proper machinery under that section. We do not doubt that in a proper case it would be possible to vary the scheme or even possibly to rule it out of existence altogether and to make, a new one. But that would surely have to be done under the section under which it originally came into existence and by an application of some kind or other made to the Court that originally sanctioned the scheme. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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