HARENDRA NATH BHATTACHARYA & ORS. vs KALIRAM DAS--DEAD BY L. Rs.

The Supreme Court held that Section 92 of the Code of Civil Procedure, 1908 does not apply to the suit filed by the descendants of Bhakats for the establishment of a vaishnavic institution. The Court clarified that a suit under Section 92 is of a special nature, requiring the existence of a public trust of a religious or charitable character, and can only proceed on allegations of breach of such trust. The Court upheld the lower court's decision that the suit was maintainable and the property was Dharmottar, not Brahmottar.