Supreme Court of India · 2008-02-27
Vidyodaya Trust vs Mohan Prasad R & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 1633
- Court
- Supreme Court of India
- Petitioner
- Vidyodaya Trust
- Respondent
- Mohan Prasad R & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the Kerala High Court's order granting leave under Section 92 of the Code of Civil Procedure, 1908, affirming that the suit was maintainable as it involved a public trust. The Court clarified that the plaintiffs, although trustees, were acting in a representative capacity to vindicate public rights rather than personal interests. The appeal was dismissed, confirming the lower court's jurisdiction and the maintainability of the suit under Section 92 CPC.