MAHANT PRAGDASJI GURU BHAGWANDASJI vs PATEL ISHWARLALBHAI NARSIBHAI ANDOTHERS

The Supreme Court held that a suit under Section 92 of the Civil Procedure Code requires the existence of a public trust and allegations of breach of trust or a request for court direction for administration. In this case, the courts found no misconduct or breach of trust by the defendant, leading to the dismissal of the suit. The Court ruled that the declaration of the existence of a public trust by the High Court was inconsequential and merely obiter dictum, thus must be deleted from the decree dismissing the suit.