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Every Suit Relating To A Public Trust Need Not Be Under Section 92 CPC
It has been stated by the Kerela High Court that any and every suit relating to a public trust need not be under Section 92 of the Code of Civil Procedure, unless the reliefs claimed therein do fall within the matters enumerated in Section 92(1) of the Code. A plaint was rejected on the ground that there is no cause of action against the defendants for instituting the suit. The suit was filed seeking to set aside an assignment deed obtained by the 1st defendant from other defendants in respect of the plaint schedule property. It was contended that plaint schedule land and building had been dedicated to the Synagogue and it therefore forms part of a religious charitable trust of a public nature.
The Bench stated that if the plaintiffs wanted any relief complaining of a breach of trust, their remedy should have been a suit under Section 92 of the Code of Civil Procedure. The matters falling under Section 92(1) was also enumerated. Firstly,removing any trustee; secondly,appointing a new trustee, thirdly,vesting any property in a trustee, fourthly,directing a trustee who has been removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property among others. Further, the bench observed that, on a reading of the plaint in its entirety, the trial court is not legally justified in entering a finding that the averments in the plaint do not reveal a cause of action.
