SC: S.92 CPC contemplates only a suit against a suit trust not by a trust

The Hon’ble Supreme Court, on 31st January 2020, in the matter of Ghat Talab Kaulan Wala v. Baba Gopal Dass Chela Surti Dass (Dead) By LR Ram Niwas observed that Section 92 of the Civil Procedure Code contemplates a suit against a trust, the procedure prescribed under Section 92 of the Civil Procedure Code would not be applicable in a suit by a Trust.

The Hon’ble Supreme Court observed that:

Section 92 of the CPC contemplates a suit against a Trust either for removing any trustee; appointing new trustee; or vesting any property in a trustee etc. (Para 12)

The procedure prescribed under Section 92 of the Civil Procedure Code would not be applicable in a suit by a Trust. Section 92 of the Code confers right on a person in case of any alleged breach of any express or constructive trust created for a public purpose of a charitable or religious nature.  (Para 12)

Copy of judgement: Judgement_31-Jan-2020

-Adv. Tushar Kaushik

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