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TMI Blog2023 (7) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... t matter is situate, would have to be obtained in order to institute the suit. The said provisions also details out the nature of the suit that would come within the purview of sub Section (1) of Section 92 of CPC - A perusal of the various matters enumerated under Sub Section (1) of Section 92 of CPC would indicate that a suit relating to removal of a trustee, appointment of new trustee, vesting the property in a trustee, direction to a trustee, accounts and enquiries of the trust, usage of the trust property for a particular purpose, settling the claim, etc. is carried under sub section (ii) of Section 92 of CPC. The suit filed by the trust against a third party as done in this case, would not come within the purview of Section 92 of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trust, a Public Charitable Trust had filed a suit in O.S.No.263/2021 before the Additional Civil Judge and JMFC-III at Raichur, seeking for a permanent injunction against the petitioners herein and others from interfering with the peaceful possession of the suit land in Sy.No.21 measuring 37 guntas of Rampur village. 3. The petitioners had filed their written statement and subsequently, filed an application under Section 92 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') on 20.12.2021 contending that without permission being obtained in terms of Section 92 of CPC, a suit could not have been instituted by a Public Charitable Trust against the petitioners arraying as defendants. 4. The said app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kumar Kalloor, learned counsel for the petitioners and perused the records. 8. The short point that would arise for consideration is whether a public charitable trust could be required to obtain permission from the jurisdictional District Court in order to file the suit against a third party? Section 92 of CPC reads as under: 92 Public Charities : (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate- General, or two or more persons having an interest in the trust and having obtained the 4 [leave of the Court], may institute a suit, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust or any portion thereof to be applied cypres in one or more of the following circumstances, namely: (a) where the original purposes of the trust, in whole or in part, (i) have been, as far as may be, fulfilled; or (ii) cannot be carried out at all, or cannot be carried out according to the directions given in the instrument creating the trust or, where there is no such instrument, according to the spirit of the trust; or (b) where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust; or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use-(h) thereof, Sri Shivakumar Kalloor, learned counsel for the petitioners submits that even as regards the permanent injunction or a bare injunction suit, necessary leave has to be obtained in terms of Sub- Section (1) of Section 92 of CPC. 11. A perusal of the various matters enumerated under Sub Section (1) of Section 92 of CPC would indicate that a suit relating to removal of a trustee, appointment of new trustee, vesting the property in a trustee, direction to a trustee, accounts and enquiries of the trust, usage of the trust property for a particular purpose, settling the claim, etc. is carried under sub section (ii) of Section 92 of CPC. 12. Clause-(h) is a residuary provision which deals with granting of any such further or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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