Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone u/s 92 of CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Confirmation of sale pending appeal - If application or appeal is pending and confirmation of sale is effected and sale certificate is issued, that does not become conclusive as it all depends on result of pending appeal - Confirmation of sale and issuing sale certificate is followed or not is to be decided...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even after dismissal of that..........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Execution - Auction sale - Confirmation of sale - Auction sale of jeep - Purchaser deposited the entire amount - Decretal amount paid by J.D. to decree holder - Rights of purchaser taken care as entire auction amount ordered to be returned to the auction purchaser - There is no illegality in the impugned order...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92, Limitation Act, 1963, Article 127 -- Application to set aside sale on deposit - Period of 60 days to file - Person interested in property sold in auction should deposit in Court and not elsewhere the amounts required to be deposited by him under the rule within 60 days of the sale before he can file an application - Court..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Locus to file - Failure of the appellants to take the initiative in banning the objectionable book gives rise to a cause of action for the removal of the trustees of the Trust and settling a scheme for its administration - Trustees of a trust are entitled to a wide discretion in the administration of a trust -..........
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 -- Public trust - A suit on title or a suit for title cannot be brought under the canopy of a suit u/s 92 CPC...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Suit u/s 92 has to be instituted by two or more persons with leave of court in respect of trust created for public purposes either charitable or religious - It has no application where trust is of a private nature - For bringing a suit u/s.92, existence of a public trust is sine qua non...........
Civil Procedure Code, 1908, Section 92 -- Private trust - Not amendable to S.92 CPC...........
