M. K. RAPPAI & ORS. versus JOHN AND ORS.

M. K. RAPPAI & ORS. versus JOHN AND ORS.

The suit as framed by the plaintiffs was for the appointment of trustees and thus fell within the purview of section 92 of the Code of Civil Procedure. Since the requirements of section 92 were not complied with, the High Court should not have granted a declaration giving the plaintiffs the right to be appointed as trustees. A bare declaration of right to be appointed as a trustee without consequential relief is not maintainable.

Parties
Appellant: M. K. Rappai & Ors.; Respondent: John and Ors.
Jurisdiction
India
Judgment Date
28 August 1969
Procedural Posture
Civil Appeal / Appeal From the Judgment and Decree Dated May 18, 1964 of the High Court of Kerala in Appeal Suit No. 591 of 1963
Outcome
Appeal allowed, High Court judgment and decree granting the declaration set aside, suit dismissed.
Legal Topics
Appointment of Trustees, Declaration of Rights, Compliance With Section 92 CPC, Res Judicata, Specific Relief Act Bare Declarations
Practice and Procedure Trusts and Charities Appointment of Trustees Declaration of Rights Compliance With Section 92 CPC Res Judicata Specific Relief Act Bare Declarations

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Parties

M. K. Rappai & Ors.

Appellant

John and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Decree Dated May 18, 1964 of the High Court of Kerala in Appeal Suit No. 591 of 1963

Legal Issues

  1. 1 Whether a suit for appointment of trustees without complying with section 92 of the Code of Civil Procedure is maintainable
  2. 2 Whether a declaration of right to be appointed as trustee without consequential relief is barred by section 42 of the Specific Relief Act, 1877 and section 34 of the Specific Relief Act, 1963

Ratio Decidendi

The suit as framed by the plaintiffs was for the appointment of trustees and thus fell within the purview of section 92 of the Code of Civil Procedure. Since the requirements of section 92 were not complied with, the High Court should not have granted a declaration giving the plaintiffs the right to be appointed as trustees. A bare declaration of right to be appointed as a trustee without consequential relief is not maintainable.

Court Disposition

Appeal allowed, High Court judgment and decree granting the declaration set aside, suit dismissed.

Orders

  • The contentions of the rival parties in the newly instituted suit under section 92 CPC are left open.
  • High Court's declaration of right to appointment as trustees is set aside.