Supreme Court of India · 2006-08-25
Vidyodaya Trust And Ors vs Mr. Mohan Prasad R And Ors
- Citation / case number
- 2006 AIR SCW 4750
- Court
- Supreme Court of India
- Petitioner
- Vidyodaya Trust And Ors
- Respondent
- Mr. Mohan Prasad R And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed the maintainability of a suit under Section 92 of the Code of Civil Procedure, 1908, concerning the management of a public trust. The Court held that the suit was not maintainable as the plaintiffs, being trustees, were seeking personal reliefs rather than acting in a representative capacity for the public interest. The Court also clarified that the High Court's dismissal of the Civil Revision petition was incorrect, as it had jurisdiction to review the matter under Article 227 of the Constitution of India, 1950. Consequently, the appeals were allowed, and the orders of the High Court were set aside.