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august 1969

Supreme Court of India · 1969-08-28

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

Citation / case number
SC 1966/60296
Court
Supreme Court of India
Petitioner
M.K. RAPPAI & ORS.
Respondent
JOHN AND ORS.

Judgment text excerpt

The Supreme Court held that the suit for appointment of trustees fell under Section 92 of the Civil Procedure Code, necessitating compliance with its provisions for a valid claim. The Court set aside the High Court's declaration that the plaintiffs were entitled to be appointed as trustees, emphasizing that such a declaration without a properly framed suit would prejudge the issue and violate the provisions of the Specific Relief Act, 1877 and 1963. The Court concluded that a mere declaration of right without consequential relief is barred under Section 42 of the Specific Relief Act.

M.K. RAPPAI & ORS. vs JOHN AND ORS. · Niyam