SWAMI PARMATMANAND SARASWATI & ANR. versus RAMJI TRIPATHI & ANR.

SWAMI PARMATMANAND SARASWATI & ANR. versus RAMJI TRIPATHI & ANR.

The suit, though filed under Section 92 CPC with prayers for relief relating to public trust, was in substance for vindication of individual rights of Krishnabodhashram; allegations of breach of trust and need for directions were not substantiated. Therefore, the suit was not maintainable under Section 92.

Parties
Appellant: Swami Parmatmanand Saraswati; Appellant: Swami Parmatmanand Saraswati (second appellant); Respondent: Ramji Tripathi; Respondent: Respondent No. 2 (unnamed); Intervener: Intervener (unnamed)
Jurisdiction
India
Judgment Date
21 August 1974
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment Dated 11 September 1973 in First Appeal No. 385 of 1962
Outcome
Appeal dismissed
Legal Topics
Section 92, Code of Civil Procedure, Maintainability of Suit Under Section 92, Trusts of Religious or Charitable Nature, Breach of Trust, Administration of Trust
Civil Procedure Religious Trusts Section 92, Code of Civil Procedure Maintainability of Suit Under Section 92 Trusts of Religious or Charitable Nature Breach of Trust Administration of Trust

Case Brief

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Parties

Swami Parmatmanand Saraswati

Appellant

Swami Parmatmanand Saraswati (second appellant)

Appellant

Ramji Tripathi

Respondent

Respondent No. 2 (unnamed)

Respondent

Intervener (unnamed)

Intervener

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment Dated 11 September 1973 in First Appeal No. 385 of 1962

Legal Issues

  1. 1 Whether the suit filed under Section 92 CPC was maintainable as a suit to vindicate public rights or merely sought to vindicate the individual rights of Krishnabodhashram to be head of the Math
  2. 2 Whether the prayer for administration and breach of trust was substantiated

Ratio Decidendi

The suit, though filed under Section 92 CPC with prayers for relief relating to public trust, was in substance for vindication of individual rights of Krishnabodhashram; allegations of breach of trust and need for directions were not substantiated. Therefore, the suit was not maintainable under Section 92.

Court Disposition

Appeal dismissed

Orders

  • Suit held not maintainable under Section 92 CPC
  • No order as to costs