CHARAN SINGH AND ANR. versus DARSHAN SINGH AND ORS.

CHARAN SINGH AND ANR. versus DARSHAN SINGH AND ORS.

The suit as filed was of the nature requiring compliance with section 92 CPC, including consent of Advocate General, since it sought enforcement of trustee's duties in relation to a public religious trust and reliefs covered by section 92(1). Maintainability must be judged by plaint's allegations. Since suit was not filed in conformity with said provision, it was not maintainable. Representative capacity preserves appeal from abatement upon death.

Parties
Appellant: Charan Singh; Respondent: Darshan Singh
Jurisdiction
India
Judgment Date
17 December 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From L.p.a. No. 573 of 1971, Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Section 92 CPC, Maintainability of Suit, Representative Suit, Breach of Trust
Civil Procedure Trusts and Charities Section 92 CPC Maintainability of Suit Representative Suit Breach of Trust

Case Brief

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Parties

Charan Singh

Appellant

Darshan Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From L.p.a. No. 573 of 1971, Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the suit required consent of Advocate General under section 92 of CPC
  2. 2 Whether representative suit abates on death of one plaintiff
  3. 3 Nature and reliefs of the suit as per section 92 CPC

Ratio Decidendi

The suit as filed was of the nature requiring compliance with section 92 CPC, including consent of Advocate General, since it sought enforcement of trustee's duties in relation to a public religious trust and reliefs covered by section 92(1). Maintainability must be judged by plaint's allegations. Since suit was not filed in conformity with said provision, it was not maintainable. Representative capacity preserves appeal from abatement upon death.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court in L.P.A. No. 573 of 1971 dated 13th December 1973 set aside.
  • No order as to costs.