Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Public Charitable Trust |
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 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s.92 – Suit filed by appellants- plaintiffs (husband and wife) who are Trustees of 1st defendant Trust, a Public Charitable Trust – Four trustees under the Deed of Trust are both the plaintiffs and defendant nos.2 & 3 (parents of 1st plaintiff and his brother-4th defendant) – Suit was filed for framing scheme for administration of the Trust – It was inter alia pleaded that 1st plaintiff is a qualified surgeon and the 4th defendant who did not have any medical qualification/expertise to run the hospital and manage the Trust had been in control of the Trust and the objects of the Trust were not getting fulfilled; and that the plaintiffs were sought to be removed from the board of trustees – Along with the aforesaid Suit, plaintiffs also filed application seeking leave to institute the suit u/s.92, CPC – Leave granted u/s.92 – Respondent no.2 sought revocation – Leave granted not revoked – Respondents filed revision petition – Allowed – Held: Three conditions are required to be satisfied for invoking s.92 – Admittedly, the concerned Trust is created for public purposes of charitable nature – Also, plaint made out a case that the trust was being run as a private family trust; its object was being ignored; and that there was necessity to frame a proper scheme for its administration through competent persons – Further, what was complained was that the appellants were removed from the board of trustees and none of the present trustees are from medical profession – It is in that context that the principal relief prayed was for framing of a proper scheme of administration and appointing trustees including the first plaintiff along with other trsutees from medical profession and from the public – Relief prayed for cannot be said to be in the nature of vindicating personal rights of the first plaintiff – Aforesaid relief was prayed so that the Trust which was founded with the object of making available medical and related services to the general public could achieve its objectives through trustees who are well qualified to undertake such responsibility – If in respect of a trust which had set up a hospital, a request was made for framing of a proper scope of administration by appointing trustee from medical profession and from public for proper administration of the Trust, the matter would definitely fall within the scope of s.92 – View taken by High Court is set aside – Decision of District Court restored. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2020 INSC 255 |
Petitioner | Ashok Kumar Gupta & Anr. |
Respondent | M/s Sitalaxmi Sahuwala Medical Trust And Others |
SCR | [2020] 2 S.C.R. 983 |
Judgement Date | 2020-03-03 |
Case Number | 1917 |
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