Civil Procedure Code, 1908, Section 92, Constitution of India, 1950, Article 30 -- Public Trust for religious minority - Administration of - Held, if an institution is established by somebody else, meaning thereby a person belonging to another religion or a secular person, still a religious minority can claim the right to administer it on the basis of Art.30(1) merely..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Extent of enquiry U.O.21.Rr.89 & 92 - Enquiry is to be confined to the provisions of Rule 89 and Rule 92 and not beyond that...........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died, it is open to one or more persons who has/have an interest in the trust to come forward and continue the suit by impleading himself/themselves U.O.1.R.10(2) CPC - It is not necessary for such a person to obtain leave of Court..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - Suit does not abate when sole plaintiff or all plaintiffs opted out or died - This by itself cannot put an end to the suit by abatement or otherwise as public interest is involved - It is not a suit prosecuted by individuals for establishing individual rights...........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - Sole surviving plaintiff can continue the suit when others having either opted out or expired...........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died and no other person interested comes forward to continue the suit - Held, it is open to Court to intimate Advocate General and await his response - Advocate General can implead himself as additional plaintiff and continue the..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died and no other person interested and Advocate General do not comes forward to continue the suit within reasonable time - Court can close the suit - In such a case, revival of the suit can be sought within a reasonable time...........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died and no other person interested comes forward to continue the suit - Court can close the suit - It is not necessary to draw up a decree - It is not akin to a disposal U.O.1.R.8(4) CPC...........
Civil Procedure Code, 1908, Section 92 -- Hereditary right to worship - `K' appointed Pujari - After his death, his descendants, recognised as Pujari - No outsider ever appointed or recognised as Pujari - Office of Pujari rightly held to be hereditary in favour of plaintiff...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Proof of - There is nothing on record to suggest that any member of the public had any say with regard to the management of Dharmshala or that any public member had ever participated in the management of Dharmshala - Courts below came to the conclusion that suit property was a public trust without any..........
