RAJE ANANDRAO versus SHAMRAO AND OTHERS.

RAJE ANANDRAO versus SHAMRAO AND OTHERS.

Where a scheme framed under s. 92 CPC includes a clause reserving power for its amendment, administrative modifications may be made by application without the necessity of a separate suit. Such modifications bind all persons interested in the trust, irrespective of whether they were parties to the original suit, provided modifications pertain to administration and do not affect private rights.

Parties
Appellant: Raje Anandrao; Respondents: Shamrao and Others
Jurisdiction
India
Judgment Date
23 February 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From Nagpur High Court Judgment and Order Dated November 25, 1955
Outcome
Appeal allowed
Legal Topics
Scheme for Temple Management, Modification of Schemes Under S. 92 CPC, Trust Administration
Religious Endowments Civil Procedure Scheme for Temple Management Modification of Schemes Under S. 92 CPC Trust Administration

Case Brief

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Parties

Raje Anandrao

Appellant

Shamrao and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Nagpur High Court Judgment and Order Dated November 25, 1955

Legal Issues

  1. 1 Whether a scheme framed under s. 92 of the Code of Civil Procedure can be modified by application when the power to amend is reserved in the scheme itself
  2. 2 Whether persons not party to the original suit are bound by scheme modifications affecting administration

Ratio Decidendi

Where a scheme framed under s. 92 CPC includes a clause reserving power for its amendment, administrative modifications may be made by application without the necessity of a separate suit. Such modifications bind all persons interested in the trust, irrespective of whether they were parties to the original suit, provided modifications pertain to administration and do not affect private rights.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Revised scheme restored, subject to modifications suggested by Supreme Court