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august 2006

Supreme Court of India · 2006-08-25

VIDYODAYA TRUST vs MOHAN PRASAD R. .

Citation / case number
SC 2004/20271
Court
Supreme Court of India
Petitioner
VIDYODAYA TRUST
Respondent
MOHAN PRASAD R. .
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA ARIJIT PASAYAT

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. The Court also clarified that the High Court's dismissal of the revision petition was incorrect, as it had jurisdiction to entertain the matter under Article 227 of the Constitution of India, 1950. Consequently, the appeals were allowed, overturning the High Court's decisions.

VIDYODAYA TRUST vs MOHAN PRASAD R. . · Niyam