GHAT TALAB KAULAN WALA vs BABA GOPAL DASS CHELA SURTI DASS (DEAD) BY LR. RAM NIWAS

The Supreme Court held that for a suit concerning a public trust under Section 92 of the Code of Civil Procedure, 1908, the plaintiff must demonstrate the nature of the trust and obtain prior leave from the court. The court found that the plaintiff failed to establish that the trust was a public trust and did not provide sufficient evidence of the intention to create such a trust. Consequently, the appeal was dismissed, affirming the High Court's decision that the suit was not maintainable without compliance with Section 92 CPC.