SUGRA BIBI vs HAZI KUMMU MIA

The Supreme Court held that the suit for removal of a Mutwalli under Section 92 of the Civil Procedure Code (CPC) requires the written consent of the Advocate-General for maintainability. The Court found that the Wakf deed, despite benefiting the settlor's family, also allocated a substantial portion of income for charitable purposes, thus falling within the purview of Section 92 CPC. Consequently, the suit was deemed not maintainable due to the absence of such consent, reversing the lower court's decision.