Tuesday, 6 October 2020

scheme suit

Sec 92
Section 92 CPC applies only when the religious or charitable trust is for a public purpose. ... The suit contemplated by Section 92 proceeds on the allegation of breach of public trust or is founded on the necessity of having direction from the Court regarding the administration of such trust.²

that reason the decree and the scheme framed in that suit are without jurisdiction and void. The learned Counsel submits ... spite of the decree and the scheme framed in pursuance thereto the suit properties arc available for execution

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