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february 2008

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.

Vidyodaya Trust vs Mohan Prasad R & Ors · Niyam