Supreme Court of India · 2020-01-31
Ghat Talab Kaulan Wala vs Baba Gopal Dass Chela Surti Dass (Dead) ...
- Citation / case number
- AIR 2020 SUPREME COURT 705
- Court
- Supreme Court of India
- Petitioner
- Ghat Talab Kaulan Wala
- Respondent
- Baba Gopal Dass Chela Surti Dass (Dead) ...
- Author
- Hemant Gupta
- Bench
- Hemant Gupta, L. Nageswara Rao
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the plaintiff's suit was not maintainable under Section 92 of the Code of Civil Procedure, 1908, as the plaintiff failed to demonstrate the nature of the public Trust and the requisite leave of the Court was not obtained. The Court emphasized that a clear intention to create a Trust must be established, which was absent in this case. Consequently, the appeal was dismissed, affirming the lower court's ruling regarding the plaintiff's lack of standing to file the suit.