Section 92 CPC provides a special procedure for suits concerning public charitable or religious trusts. It aims to protect public rights in such trusts and prevent their administration or property from being improperly dealt with.
- Meaning of Section 92 CPC
- Section at a Glance
- Essential Requirements
- Reliefs Under Section 92
- Consent of the Advocate-General
- Public Trust Requirement
- Important Case Law
- Section 92 and Ordinary Civil Suits
- Practical Example
- Practical Importance
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
Meaning of Section 92 CPC
A suit concerning an alleged breach of a public charitable or religious trust, or seeking directions from the court for its administration, may be instituted in accordance with Section 92.
The provision applies where the trust is created for a public purpose and the relief sought concerns the administration, protection or proper functioning of the trust.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 92 CPC |
| Subject | Public charitable or religious trusts |
| Nature | Procedural |
| Main purpose | Protection and proper administration of public trusts |
| Related provision | Order VII Rule 1; Order I Rule 8 where applicable |
Essential Requirements
A suit under Section 92 generally requires:
- The existence of a public charitable or religious trust.
- An alleged breach of trust or a need for directions concerning administration.
- The suit must seek one or more of the reliefs contemplated by Section 92.
- The statutory requirement concerning institution of the suit must be satisfied.
Reliefs Under Section 92
The court may grant reliefs such as:
- Removal of a trustee.
- Appointment of a new trustee.
- Vesting of property in a trustee.
- Directing a trustee who has been removed to deliver possession of trust property.
- Directing accounts and inquiries.
- Framing or modifying a scheme for administration of the trust.
- Granting other appropriate reliefs contemplated by the Section.
Consent of the Advocate-General
Under the present provision, a suit may be instituted by two or more persons having an interest in the trust, after obtaining the prescribed leave of the court.
The requirement of the Advocate-General’s consent under the original provision has been replaced by the statutory requirement concerning leave of the court.
Public Trust Requirement
Section 92 is concerned with public charitable or religious trusts.
A purely private trust does not ordinarily fall within its scope merely because a dispute concerning the trust has arisen.
The court therefore examines the nature and purpose of the trust before determining whether Section 92 applies.
Important Case Law
Swami Paramatmanand Saraswati v. Ramji Tripathi, (1974) 2 SCC 695
The Supreme Court explained that a suit under Section 92 must contain allegations of breach of trust or seek directions concerning the administration of the trust and must claim one or more of the reliefs specified in the Section.
R.M. Narayana Chettiar v. N. Lakshmanan Chettiar, (1991) 1 SCC 48
The Supreme Court emphasised the importance of the requirement of leave of the court for institution of a suit under Section 92.
Section 92 and Ordinary Civil Suits
Section 92 creates a special statutory procedure for public charitable or religious trusts.
A person cannot avoid the requirements of Section 92 merely by giving a different form to the pleadings when the substance of the suit falls within the provision.
Practical Example
Suppose two persons interested in a public charitable trust allege that the trustees are misusing trust property and seek their removal and framing of a proper administration scheme.
Such a suit may fall within Section 92, provided the statutory requirements are satisfied and the necessary leave is obtained.
Practical Importance
Before instituting a suit under Section 92, an advocate should determine:
- Whether the trust is public.
- Whether it is charitable or religious.
- Whether the alleged conduct amounts to breach of trust.
- Whether the relief sought falls within Section 92.
- Whether the required number of interested persons are joining the suit.
- Whether leave of the court has been obtained.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 92 concerns public charitable or religious trusts.
- It provides a special procedure for protecting and administering such trusts.
- The suit must involve a breach of trust or administration-related relief contemplated by the Section.
- Two or more persons having an interest in the trust may institute the suit after obtaining the required court leave.
- A private trust generally falls outside the provision.
Important Questions to Prepare
- What is the object of Section 92 CPC?
- What are the essential requirements of a suit under Section 92?
- What reliefs can be granted under Section 92?
- What is meant by a public charitable or religious trust?
- Why is leave of the court required under Section 92?
Key Legal Principles
- Section 92 provides a special remedy concerning public charitable and religious trusts.
- The suit must satisfy the statutory conditions prescribed by the Section.
- The relief claimed must fall within the scope of Section 92.
- The provision is intended to protect public interests in the proper administration of trusts.
ALSO READ: Section 91 – Public Nuisances
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 92 CPC |
| Subject | Public charitable or religious trusts |
| Plaintiffs | Two or more interested persons |
| Requirement | Leave of court |
| Main purpose | Proper administration of public trusts |
| Relief | Trustee removal, accounts, scheme and other statutory reliefs |
