BHUPINDER SINGH versus JOGINDER SINGH (D) BY LRS. & ORS.

BHUPINDER SINGH versus JOGINDER SINGH (D) BY LRS. & ORS.

Although leave under Section 92 CPC is necessary for institution of suit, in this peculiar case where appellant contested suit on merits without raising objection to absence of leave (though previously aware and had used this objection in earlier suit), proceedings are not vitiated and appeal is not to be continued.

Parties
Appellant: Bhupinder Singh; Respondent: Joginder Singh (D) by LRs. & Ors.
Jurisdiction
India
Judgment Date
18 September 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Section 92 CPC, Requirements for Institution of Suit, Public Religious Trusts, Management Scheme
Civil Procedure Charitable Trusts Section 92 CPC Requirements for Institution of Suit Public Religious Trusts Management Scheme

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Parties

Bhupinder Singh

Appellant

Joginder Singh (D) by LRs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether grant of leave under Section 92, CPC is necessary prerequisite for institution of a suit for settlement of scheme for management of a public Gurudwara.
  2. 2 Whether proceedings in the suit are vitiated due to absence of order granting leave and whether orders passed therein should be set aside.

Ratio Decidendi

Although leave under Section 92 CPC is necessary for institution of suit, in this peculiar case where appellant contested suit on merits without raising objection to absence of leave (though previously aware and had used this objection in earlier suit), proceedings are not vitiated and appeal is not to be continued.

Court Disposition

appeal dismissed

Orders

  • Civil Appeal No. 6067 of 2010 dismissed.
  • Not to be treated as precedent.