NDLI: Bhupinder Singh Vs. Joginder Singh (d) By Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1908 –s.92 Code of Civil Procedure
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 –s.92 – Case of the plaintiffs-respondents was that father of the appellant-defendant was Mohtmim of the Gurudwara and was looking after the same– According to the plaintiffs, a committee for manning the Gurudwara was set up and it wanted a scheme to be framed in terms of s.92 for proper management of the Gurudwara in question – Case of the appellant inter alia was that the Gurudwara was private property, earlier owned by his father and now owned by him and the suit u/s.92 was not maintainable – Application was filed seeking leave of the Court to institute the suit u/s.92, but no orders were passed – Plea of the appellant is that since no orders were passed on the application for grant of leave, the entire proceedings in the suit are vitiated and the orders passed therein and subsequently in the appellate proceedings need to be set aside – Held: s.92 clearly indicates that either a suit under the provision can be filed by the Advocate General or by two or more persons having interest in the trust and having obtained the leave of the Court – In every suit filed u/s.92, the grant of leave is a necessary pre-requisite before the suit can be said to be properly instituted – In the present case there is an unusual situation where the appellant contested the suit without raising the plea that leave of the Court was not granted and submitted to the jurisdiction of the Trial Court without any objection – Appellant was aware of such provision with regard to grant of leave because in an earlier suit filed against the appellant he took that objection and the suit was dismissed on this ground – However, in the second round of litigation, the appellant did not take this defence – Further, case of the appellant himself was that his father was Mohtmim of the Gurudwara – A Mohtmim is in the nature of Shebait/Manager of the Gurudwara and cannot be the owner of the Gurudwara – Admittedly, about 14 kanals of land was donated by the villagers to the Gurudwara therefore, it is a public Gurudwara – Though legally the appellant is right that the suit could not have been instituted without taking leave yet, in the peculiar facts and circumstances of the case, the appeal is not being continued – Present case decided in peculiar facts and circumstances, not be treated as precedent.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 1053
Petitioner	Bhupinder Singh
Respondent	Joginder Singh (d) By Lrs. & Ors.
SCR	[2019] 15 S.C.R. 631
Judgement Date	2019-09-18
Case Number	6067

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