Civil Procedure Code, 1908, Order 21, Rule 89, 92, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside sale on deposit - Limitation to deposit - O.21.R.89 CPC does not prescribe any period either for making the application or the required deposit - Art.127 of Limitation Act prescribes 60 days as the period within which such an application should be made -..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Revocation of leave granted to institute suit - Application for revocation of leave should be decided on merits - Revocation application cannot be dismissed summarily by holding that it was not mandatory to issue notice to the petitioners for grant of leave...........
Civil Procedure Code, 1908, Section 92 -- Public Charities - Locus standi - Property used for charitable and religious purposes - Though plaintiffs and defendants were themselves not persons belonging to Udasi Sect, the nature of charity having been established for performance of religious katha, kirtan and allowing for travellers to rest, there is certainly a public..........
Civil Procedure Code, 1908, Section 92, 9 -- Private trust - There can be a Scheme suit even for a private trust - There can also be suits to protect trust properties, even without taking recourse to an action for framing of Scheme or for administration through interference of Court...........
Civil Procedure Code, 1908, Section 92, Order 22, Rule 3 -- Substitution application - Dismissal of - Validity - Suit by trust and its trustee - Trustee, who was prosecuting suit, died during pendency of suit - Legal representatives of deceased trustee were not trustees in same trust - Held, they cannot be substituted in place of deceased trustee...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 3 -- Trust property - Suit by trustee - Permissibility - Suit by trustee to protect trust property - Trial Court granted permission to maintain suit against Managing Committee of Trust - Permission to sue purchasers of trust property from Management Committee rejected on ground that purchasers were third parties to suit..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92(2) -- Auction sale - Setting aside - Deposit of amount within 60 days - Extension of time - Executing Court has no power to extend the time for deposit of amount except when there was clerical or arithmetical mistake in calculating the amount which was deposited...........
Civil Procedure Code, 1908, Section 92 -- Suit claiming beneficial interest in trust of tarwad - Maintainability - Plaintiffs sought declaration that suit properties belonged to private trust of religious and charitable nature constituted for beneficial interests of members of tarwad - But plaintiffs were not descendents in female line from any branch of tarwad - They had..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Permission of Court - Private trust or public trust - Even if it is accepted for argument sake that the subject Trust is a public trust, the applicants have not established that they have filed the suit for the benefit of the general public in the Trust and its properties - Applicants are neither the beneficiaries..........
