Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Distinction between suit filed u/s 92 CPC and O.1.R.8 CPC - Prior permission of Court is mandatory for a suit to be instituted u/s 92 CPC and in a suit U.O.1.R.8 CPC leave can be granted post institution of suit - Suit u/s 92 CPC can only be maintained where it relates to public charitable and religious trust and..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of Trust can only be determined after..........
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, 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..........
Civil Procedure Code, 1908, Section 92 -- To obtain leave for instituting a suit for the relief u/s 92 CPC - Where one of the relief sought fell outside the scope of suit is by itself not a sufficient ground to decline permission when some of the other reliefs sought fall under cls.(a) to (h) of S.92 CPC...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 of the Code - Can be instituted only with the prior permission of the Court - Defect in obtaining leave of the Court cannot be cured by grant of leave subsequent to the filing of the same - While granting leave to institute suit u/s 92 of the Code notice to the other party is not required - Court has to give reasons for..........
Civil Procedure Code, 1908, Section 92, Order 11, Rule 14 -- Production of documents - Cannot be ordered during pendency of application for leave of the Court to institute suit u/s 92 of CPC as Interlocutory orders before granting permission to institute suit u/s 92 CPC cannot be passed - 1982 KLT 790 holding that application U.O.40.R.1 CPC can be entertained is not..........
Civil Procedure Code, 1908, Section 92 -- Permission to institute suit u/s 92 - District Judge to act judiciously - If objections are filed Court must take into consideration documentary or oral evidence on record and pass order after critical examination - Court below not considering evidence filed by appellants - No reasons recorded - Held, impugned order granting..........
Civil Procedure Code, 1908, Section 115, 92, Order 43, Rule 1 -- Permission to institute suit u/s 92 - It is revision and not appeal which lies - Appeal lies from order refusing leave and not granting leave...........
