BHUPINDER SINGH vs JOGINDER SINGH(D) BY LRS.

The Supreme Court held that under Section 92 of the Code of Civil Procedure, 1908, obtaining leave from the court is a necessary precondition for instituting a suit concerning public charities. The court found that since no orders were passed on the application for leave, the proceedings in the suit were vitiated, leading to the conclusion that the suit was not maintainable. Consequently, the court set aside the orders passed in the suit and the appellate proceedings.