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.