SC on conditions required to be satisfied in order to invoke Section 92 CPC

The Hon’ble Supreme Court, on 3rd March 2020, in the matter of Ashok Kumar Gupta & Anr. v. M/S Sitalaxmi Sahuwala Medical Trust And Others pronounced that if in respect of a trust which had set up a hospital, a request was made for framing of a proper scope of administration by appointing trustee from medical profession and from public for proper and effective administration of the Trust, the matter would definitely fall within the scope of Section 92 of CPC.

The Hon’ble Supreme Court observed that:

(Para 13) Three conditions are therefore, required to be satisfied in order to invoke Section 92 of CPC and to maintain an action under said Section, namely, that

(i) the Trust in question is created for public purposes of a charitable or religious nature;

(ii) there is a breach of trust or a direction of Court is necessary in the administration of such a Trust; and

(iii) the relief claimed is one or other of the reliefs as enumerated in said Section.

Consequently, if any of these three conditions is not satisfied, the matter would be outside the scope of said Section 92.

If in respect of a trust which had set up a hospital, a request was made for framing of a proper scope of administration by appointing trustee from medical profession and from public for proper and effective administration of the Trust, the matter would definitely fall within the scope of Section 92 of CPC. (Para 17)

Copy of judgement: Judgement_03-Mar-2020

-Adv. Tushar Kaushik

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