• Civil Procedure Code, 1908 (V of 1908) S.  92 - Leave of the Court to permit them to file suit - Leave granted - As a rule of caution, the court should normally, unless it is impracticable or inconvenient to do so, give a notice to the proposed defendants before granting leave under Section 92 to institute a  suit - The desirability of such notice being given to the defendants, however, cannot be regarded as a statutory requirement to be complied with before leave under Section 92 can be granted, as that would lead to unnecessary delay and, in a given case, cause considerable loss to the public trust - Such a construction of the provisions of Section 92 of the Code would render it difficult for the beneficiaries of a public trust to obtain urgent interim orders from the court even though the circumstances might warrant such relief being  granted - Initial order of granting permission is still on the record and application of the petitioners for seeking revocation of that order has to be decided afresh by the trial Court on merits.  (174) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  92 - Locus Standi - Must be liberally construed but must still only stave off vested interest to come into the property by persons claiming property as their own and if any member of the public should approach the court to enforce that the charities which were originally intended should be duly performed, the Court shall assess such a course and ensure that the charities are duly performed and settle a scheme therefor. (174) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  92 - Mohatmim - Removal of - Not been show through any particular notification of the government that removal of a mohatmim approved cannot be done without reference to government.         (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S.  92-A - Suit can only be instituted with the leave of the Court - The leave has been granted - If the defendant pleads that it is a private Trust and not a charitable Trust, it is always open to the revisionist/defendant No.3 to take objections in this regard - The nature of the Trust can only be determined after the recording of evidence - No law that in such cases, the lower court must frame preliminary issue.  (180) P.L.R. 


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