Supreme Court of India · 2008-02-27
VIDYODAYA TRUST vs MOHAN PRASAD R .
- Citation / case number
- SC 2007/5119
- Court
- Supreme Court of India
- Petitioner
- VIDYODAYA TRUST
- Respondent
- MOHAN PRASAD R .
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Kerala High Court's decision granting leave under Section 92 of the Code of Civil Procedure, 1908, affirming that the suit was maintainable. The Court clarified that the plaintiffs, as trustees, were entitled to seek relief under Section 92 CPC, which pertains to public trusts of a religious or charitable nature. The Court rejected the argument that the suit was not filed in a representative capacity, thus confirming the High Court's order.