SUIT UNDER SECTION 92 OF CIVIL PROCEDURE CODE

PROPOSAL MADE BY: - Satyam

Class: - 4rd year B.B.A., LL.B.(Hons.)

Roll No.: - 2040

PAPER SUBMITTED TO: - Dr. B.R.N. Sarma

A Research Paper Submitted In Fulfilment of course Drafting, Pleading and Conveyancing

For Obtaining The Degree B.B.A., LL.B. (Hons.)

MARCH, 2022

Chanakya National Law University, Nyaya Nagar, Mithapur, Patna, Bihar 800001

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INTRODUCTION

Section 92 of the Code confers right on a person in case of any alleged breach of any express
or constructive trust created for a public purpose of a charitable or religious nature. The
object of the section is to protect public interests and the interests of the institution, on the
one hand, and to discourage impecunious and improper persons indulging in vexatious and
improper suits against trustees, on the other. It does not cover a private dispute between one
of the beneficiaries and the trust.

OBJECTIVES:-

1. The objective of this research is to study the applicability section 92.

2. To study the applicability of the section on the property.

HYPOTHESIS:

The hypothesis for this project is,

The section is invoked by the court for sale of property.

RESEARCH METHODS

1. Research method which is applied in this project is mainly quantitative and doctrinal.
But in some cases, a non-doctrinal approach is also adopted.

2. A particular research methodology is applied in the case of this project. Research

methodology is the explanation or logic behind the usage of a particular research method.

3. The legal perspective of the subject.

SOURCES OF DATA

Subject related information

Sources of Data are of two kinds – Primary sources and secondary sources.

1. The primary sources are –

a. research papers, government data, material published by organisations etc.

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 b. The juristic writings (the opinions expressed by the imminent jurists and different
commissions)

2. Secondary sources are-

Books, magazines, generals

etc.

LIMITATIONS OF THE PROJECT:

The most important limitation for this project is the accumulation of relevant data. Also the
undertaking of non-doctrinal research or the qualitative research is not possible due limitation
of time and place.

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ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges, I have ever faced.
Though this project has been presented by me but there are many people who remained in
veil, who gave their all support and helped me to complete this project.

I am very grateful to my subject teacher Dr. B.R.N Sarma without the kind support of whom
the completion of the project was a herculean task for me. He donated his valuable time from
his busy schedule to help me to complete this project and suggested me from where and how
to collect data.

SATYAM
ROLL NO.:2040
B.B.A. LL.B.(Hons.)

SEMESTER- VIII,
4th Year

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Table of Contents

SUIT UNDER SECTION 92 OF CIVIL PROCEDURE CODE...............................................1

INTRODUCTION......................................................................................................................2
ACKNOWLEDGEMENT.........................................................................................................4
DECLARATION OF CANDIDATE.........................................................................................6
CHAPTER 1...............................................................................................................................7
CONCEPT OF SUIT..................................................................................................................7
CHAPTER 2.............................................................................................................................11
SUIT UNDER SECTION 92 OF CIVIL PROCEDURE CODE.............................................11
2.1 - DEFNITION OF PUBLIC CHARITABLE TRUST...................................................11
2.2 SECTION 92 OF CIVIL PROCEDURE CODE............................................................12
CHAPTER 3.............................................................................................................................18
MODEL FORMAT..................................................................................................................18
CHAPTER 4.............................................................................................................................22
CONCLUSION AND SUGGESTION....................................................................................23
BIBLIOGRAPHY....................................................................................................................24

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DECLARATION OF CANDIDATE

I HEREBY DECLARE THAT THE WORK REPORTED IN THE B.B.A. LL.B. (HONS.)
PROJECT REPORT ENTITLED SUIT UNDER SECTION 92 OF CIVIL PROCEDURE
CODE OF SUBJECT DRAFTING, PLEADING AND CONVEYANCING.

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA, IS AN AUTHENTIC RECORD

OF MY WORK CARRIED OUT UNDER THE SUPERVISION OF DR. B.R.N SARMA.

I HAVE NOT SUBMITTED THIS WORK ELSEWHERE FOR ANY OTHER DEGREE
OR DIPLOMA. I AM FULLY RESPONSIBLE FOR THE CONTENTS OF MY PROJECT
REPORT.

SATYAM

CHANAKYA NATIONAL LAW UNIVERSITY

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CHAPTER 1

CONCEPT OF SUIT

The word "suit" according to dictionary means a generic term of comprehensive signification
referring to any proceeding by one person or persons against another or other in court of law
wherein, the plaintiff purses the remedy which the law affords him for the redress of any
injury or the enforcement of a right, whether at law or in enquiry.

The term suit is not defined under civil procedure code, but from various decisions of Indian
court, it states that 'suit ordinarily means a civil proceeding instituted by the presentation of
plaint.' It won't be called a proceeding a suit even if proceeding is instituted in the civil court,
unless done through a plaint. It is for enforcement of civil rights and result in a decree.1

Essentials of a Suit

There are four essentials of a suit, that is -

1. Name of Parties- a suit must contain 2 parties, that is , one plaintiff and one defendant.
there is no limit on number of parties.

2. Cause of Action- It is a set of facts or circumstances that a plaintiff is required to prove. A

person is party to a suit if there is a cause of action against him. It can also be said to be the
cause or the set of events or circumstances which leads or resulted into presentation of a
plaint or filing a suit. In legal sense, cause of action means every facts which is necessary for
the plaintiff to be proved with a view to obtain in his favour.

Cause of actions means all essentials facts constituting the rights and its infringement. Every
plaint must disclose a cause of action if not, it is duty of the court to reject the plaint under
Order 7 rule 11 of Civil procedure code.

1
By Shuvneek Hayer, Meaning and essentials of suits, Law Times Journal ( 15th FEB,2022, 7 Pm )
http://lawtimesjournal.in/meaning-and-essentials-of-suits/

9 | Page
3. Subject Matter- There must be subject matter. Section 9 of civil procedure code states that-
" courts to try all civil suits unless barred. The court shall have jurisdiction to try all suits of a
civil nature expecting suits of which their cognizance is either expressly or impliedly barred.

4. Relief claimed by the plaintiff- the court not provide parties with relief unless relief is
specifically claimed by the party. Relief is of two types-

1. Specific relief and

2. Alternative relief 2

STAGES OF CIVIL SUIT

1. Institution of suit or commencement of suit

2. Service of summon

3. Written statement

4. First hearing and framing of issues.

5. Discovery

6. Production of evidence and final hearing

7. Arguments

8. Judgement

9. Preparation of decree

10. Execution of decree

Section 26(1) states that every suit shall be instituted by presentation of plaint and section
26(2) states that every plaint shall be proved by affidavit. Every plaint shall comply the rules
contained in Order 6 and 7 of civil procedure code. the format of instituting a plaint is:-

2
Law notes for you, https://www.lawnotes4u.in/2019/09/meaning-and-essentials-of-suit-under-
cpc.html#:~:text=According%20to%20the%20dictionary%20meaning,the%20enforcement%20of%20a%20righ
t%2C, 15th Feb, 2022.

10 | Page
1. Preparing the plaint

2. Choosing the proper place of suing

3. Presentation of the plaint

Order 7 states the format of a plaint. rule 1 of the Order states particulars and rule 2 states
other rules regarding the contend of plaint.3

Order 4 rule 1 and 2 states that a plaint shall not seemed to be duly instituted unless complies
with the provisions of this order. Particulars of every suit be entered in a book called register
of civil suit.

When a suit has been instituted, under Section 27, a summon may be issued to the defendant
to appear and answer the claim and may be served in prescribed ( Order 5 of civil procedure
code) within 30 days.

Section 6- No court shall entertain any suit, the amount or value of the subject matter of
which exceeds the pecuniary limits of its jurisdiction. ( Pecuniary jurisdiction of a civil court
refers to the amount or the value of cases that can be presented before it for adjudication.)

Section 9- the court shall have jurisdiction to try all suits of a civil nature excepting suits of
which their cognizance is either expressly or impliedly barred.

Section 15- Every suit shall be instituted in the court of the lowest grade competent to try it. 4

Suit under civil procedure code nature falls into various categories depending upon the
nature, status of parties etc. of suit. some of the categories are-

1. Suit by or agents of government/ public office

2. Suit by or against Military/Naval men/ Airmen

3. Suits by or against corporations

3
Legal Service India, http://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-Essentials.html,
15th Feb,2022.
4
By Shuvneek Hayer, Meaning and essentials of suits, Law Times Journal ( 26th march,2021, 7 Pm )
http://lawtimesjournal.in/meaning-and-essentials-of-suits/

11 | Page
4. Suits by or against firms and persons carrying on business in name of others, than their own.

5.Suit by or against trustee, executors and administers.

6. Suits by or against minors and persons of unsound mind.

7. Suits by/ against person of unsound mind

8. Suit relating to matters concerning the family

9. Summary procedure

10. How summary suit is instituted.5

5
Helpline Law, https://www.helplinelaw.com/civil-litigation-and-others/suit/types-of-suits.html, 17th feb, 2022.

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CHAPTER 2

SUIT UNDER SECTION 92 OF CIVIL PROCEDURE CODE

2.1 - DEFNITION OF PUBLIC CHARITABLE TRUST

Under Section 3 of Indian Trust Act, trust is defined as an obligation annexed to the
ownership of the property, and arising out of confidence reposed in and accepted by the
owner, or declared and accepted by him, for the behalf of another and the owner.

Author of the trust is person who responses or declares the confidence, trustee is a person
who accepts the confidence, beneficiary of the person for whose benefit the confidence is
accepted, subject matter to trust is trust property or trust money. it is the right of the
beneficiary over beneficial interest against the trustee as the owner of the trust property. If
there is any instrument by which the trust is declared is now as instrument of trust.

Trust were created for advancement in various sectors of public which is regarded as
charitable in law is public charitable trust. Though not defined , trust made for benefit of
public is public charitable trust.

Section 2(15) of income tax defines charitable purpose and states that a relief for poor,
education, medical relief and the advancement of any object of general public utility. this
definition is not exhaustive and the purpose mentioned will constitute charitable purpose.

Section 9(1) of the Bombay Trust Act, 1950 defines charitable purpose which include relief
from poverty, education, medical relief, the advancement of any other object of general
public utility, but does not include a purpose which relates exclusively to religious teaching
or worship.

Public charitable trust in India is governed by the Indian trust Act, Section 8 of Companies
Act. Religious trust attract laws such as Hindu religious and Charitable Endowment act,
Muslim Wakf Act. In the state of Maharashtra public charitable trust is governed by Bombay
Trust Act
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and in Rajasthan it is governed by Rajasthan Public Trust Act. If there is no state law, the
public trust will be governed under Indian Trust Act. 6

DIFERENCE BETWEEN PUBLIC AND PRIVTE TRUST

PUBLIC TRUST PRIVATE TRUST

1.The beneficiaries are general public 1. The beneficiaries are specific individuals
2. Beneficiaries are ascertained or are 2. Beneficiaries cannot be ascertained.
capable of being ascertained.
3. To be ascertained from the construction of To be ascertained from the construction of
deed. deed.
4. Includes both Hindu or Muhammadan 4. Includes both Hindu or Muhammadan
Religious endowment. Religious endowment.

2.2 SECTION 92 OF CIVIL PROCEDURE CODE

PART 4 of Civil Procedure Code under heading Public Nuisance and other wrongful Acts
affecting the public and contain Section 91-93. Section 92 talks about public charities.

Section 92 of the code confers right on person in conditions where there is a alleged breach of
any express or constructive trust created for the purpose of charitable or religious nature. The
section is created for the purpose of protecting the rights of the public in public trusts and
charities. The conditions necessary for the application of the section are:-

1. There must be a trust, express or construction, for public purposes of a charitable or

religious nature;

2. The plaint must allege a breach of trust or necessity for direction as to administration of
that trust;

6
By Sylvine, Laws Applicable To A Public Charitable Trust In India, Ipleaders, ( 17th feb,2022, 9Pm),
https://blog.ipleaders.in/laws-applicable-public-charitable-trust- india/#:~:text=Trust%20created%20for%20the
%20advancement,the%20benefit%20of%20the%20public.

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3. The suit must be in the interest of the public, that is, it must be brought in a representation
capacity for the benefit of the public and not to enforce individual rights;

4. The relief claimed should be one of the reliefs set out in the section.

The grant of leave to file a suit is not for irregularity to be cured but a condition precedent.
section 92 is mandatory and the defendant cannot waive the right and confer jurisdiction on a
court. 7

The Plaintiff must make sure before proceeding under the provision that:-

1. It provides for filing of a suit in respect of breach of trust created for public purposes of a
religious or charitable nature by the advocate general or two or more other persons having an
interest in the trust with the leave of the court for the reliefs specified therein.

2.The plaintiff are merely representative of all the beneficiaries and the action is instituted on
behalf of all.

3. It protects the public trusts of a charitable or religious nature from being subjected to
harassment by suits filed against them.

4. Prima facie evidence satisfying breach of trust or any of the necessary ingredients for
obtaining directions of the court must be there before a suit of such nature is filed by the
advocate general.

5. The suit may be brought against persons in possession of trust property who claim
adversely to the trust, or against trustee who have committed breach of trust.

6. In order for the court to dispose the matter, the defendants may satisfy the courts that the
allegations made in the plaint are false and frivolous, instituted with the objective of
harassing the trust.8

RELIGIOUS OR CHARITABLE TRUST

7
By Santanu Dey, Legal Provisions of Section 92 of Code of Civil Procedure 1908, (C.P.C.), India – Public
Charities, Share your essays ( 18th Feb, 11 AM), https://www.shareyouressays.com/knowledge/legal-
provisions-of-section-92-of-code-of-civil-procedure-1908-c-p-c-india-public-charities/114357
8
Lawyers Club India, https://www.lawyersclubindia.com/articles/suit-under-section-92-of-cpc-9479.asp, 18th
Feb,2022.

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Under section 92 there must be a religious or charitable trust for public purpose. This can be
ascertained by the court by looking at the real substance of the trust and the primary intention
of the creator of the trust. The section 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. Under the case of Shivananda C.R and others Vs. Sri. H.C. Gurusiddappa and
others9,the question before court was whether Mutt is a religious or charitable trust. it was
observed in this case that the antiquity , the manner of gift made to it, treatment of them by
heads, established usage and custom, administration of the mutt by Mohunt, all shows that the
beneficiaries are the members of fraternity to which mutt belongs and constitutes section of
general public. Mutt, in general, consequently, are public trust.

TRUST AND PRIVATE RIGHTS

The operation of section 92 demands certain character and pray for certain reliefs. First, there
should be a trust created for religious or charitable purposes. Second, there must be allegation
of either breach of trust or of necessity of having directions from the court for the
administration of trust. Third, the relief claimed must be one or other reliefs specified in the
section. Lastly, the suit must be one brought in representation capacity in the interests of the
public or the trust itself and should not be for vindicating the private rights of the plaintiff. In
this section it is presupposes the existence of a trust of religious and charitable character and
is out of the scope of section 92 and is dealt in general law for determining such character.

When plaintiff denies the existence of a trust, a declaration that the trust exist might be made
as ancillary to the main relief claimed under the Section, if the plaintiff is held entitled to it. it
is on behalf of entire public who is interested and for vindication of public rights. thus it is a
representative suit and binds people who are parties to the suit but also people who are
interested in the trust. The court in order to decide whether the suit falls under section 92 of
civil procedure code must go beyond the reliefs and look into the capacity and for the purpose
the suit brought. It is only the allegations in the plaint that should be looked into for the first
instance to see whether the suit falls within the ambit of section 92. 10

The court have to carefully eliminate the possibility of a suit being laid against public trusts
by person whose activities were not for protection of the public trust. If the person is
seeking a

9
Shivananda C.R and others Vs. Sri. H.C. Gurusiddappa and others ,ILR 2011 KAR 4624
10
Christopher Karkada and others Vs. Church of South India, Madras and others, ILR 2012 KAR 725; 2012(1)
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KCCR 503 (DB)

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declaration of their individual or personal rights, it is outside the scope of section 92. In order
to find out, the court is to see the allegations in the plaintiff. If from the first instance it
doesn't show that the plaintiff have approach the court to vindicate the rights of the public, on
the analogy of Order 7 Rule 11 of civil procedure code, the plaint can be rejected on the
ground that the plaint does not disclose a cause of action. if not rejected and inquiry is made,
and from evidence it is found that the breach of trust is not made out and the prayer is vague
and not based on any solid reason or acts, the suit purported to brought must be dismissed.11

FRAMING OF SCHEME BY COURT

The district court would be the original court in regard to the framing of schemes, the framing
of scheme should be done in such manner , so that the scheme fulfils the objects sought to be
achieved by the constitution. The court faming the scheme which admittedly acts as a court of
law at the time of framing the scheme may instead of making a provision for appointment or
removal of trustees for all time to come, may reserve to itself the power to appoint or remove
trustees, as and when occasion may arise. When pursuant to such a power, the court is
approached for the purpose of appointing or removing trustees, the court certainly act as a
court of law and not as a persona designate. Same would be the position in case of other
matters relating to the administration of the charity. The court framing the scheme reserves to
itself any power in regard to matters arising in the course of the administration of the charity
or for the purpose of effectively administering the charity and, there is no enlargement of its
judicial power by the provision reserving such power. Just as the district court could reserve
its power in relation to various matters arising in the administration of the charity, the high
court can also reserve such power to itself or to the district court, from whose decree the
appeal is brought before it. when the high court reserves such powers to itself, it is clear that
there is no enlargement of the jurisdiction of the high court as a result of the decree passed by
it.12

Under section 92 the court may alter the original purposes of an express or constructive trust
created for public purposes of. a charitable or religious nature and allow the property or
income of such trust or any portion thereof to be applied cy pres in one or more of the
following circumstances, namely:

11
Shivananda C.R and others Vs. Sri. H.C. Gurusiddappa and others, ILR 2011 KAR 4624
12
lawyers Club India, https://www.lawyersclubindia.com/articles/suit-under-section-92-of-cpc-9479.asp, 18th
19 | Page
Feb, 2022.

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(a) Where the original purposes of the trust, in whole or in part,—

(i) Have been, as may be, fulfilled; or

(ii) cannot be carried out at all, or cannot be carried out according to the directions given in
the instrument creating the trust or, where there is no such instrument, according to the spirit
of the trust; or

(b) Where the original purposes of the trust provide a use for a part only of the property
available by virtue of the trust; or

(c) Where the property available by virtue of the trust and other property applicable for
similar purposes can be more effectively used in conjunction with, and to that end can
suitably be made applicable to any other purpose, regard being had to the spirit of the trust
and its applicability to common purposes; or

(d) Where the original purposes, in whole or in part, were laid down by reference to an area
which then was, but has since ceased to be, a unit for such purposes; or

(e) Where the original purposes, in whole or in part, have, since they were laid down,—

(i) Been adequately provided for by other means, or

(ii) Ceased, as being useless or harmful to the community, or

(iii) Ceased to be, in law, charitable, or

(iv) Ceased in any other way to provide a suitable and effective method of using the property
available by virtue of the trust, regard being had to the spirit of the trust.13

LEAVE TO SUE

Grant of leave to suit is precondition to maintain suit and requires a serious consideration not
just a formality. Unless plaintiffs indicate clearly circumstances of mal-administration;
diverting of trust properties for personal benefits; committing any devastative act against

13
Section 92, Civil Procedure Code

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interest of trust or exploiting assets of trust for personal gain by trustees, machinery of
administration provided under implied or express trust shall not be interfered with.14

RELIEF UNDER SECTION 92

The operation of section 92 demands certain character and pray for certain reliefs. First, there
should be a trust created for religious or charitable purposes. Second, there must be allegation
of either breach of trust or of necessity of having directions from the court for the
administration of trust. Third, the relief claimed must be one or other reliefs specified in the
section. Lastly, the suit must be one brought in representation capacity in the interests of the
public or the trust itself and should not be for vindicating the private rights of the plaintiff.
Thus it makes it mandatory under section 92 of civil procedure code to claim one or more
relief specified in the section. The relief specified under section 92 are:-

(a) Removing any trustee;

(b) Appointing a new trustee;

(c) Vesting any property in a trustee;

(cc) Directing a trustee who has been removed or a person who has ceased to be a trustee, to
deliver possession of any trust property in his possession to the person entitled to the
possession of such property;

(d) Directing account and inquiries;

(e) Declaring what proportion of the trust property or of the interest therein shall be allocated
to any particular object of the trust;

(f) Authorising the whole or any part of the trust property to be let, sold, mortgaged or
exchanged;

(g) Settling a scheme; or

14
Donor bellur thammaiah's charities and swamy sri ramdas melu sakkare uppara vidya, vardhaka trust, mysore
and others Vs. G.M Gadkar and others, 2010(4) AIR KAR R 306.

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(h) Granting such further or other relief as the nature of the case may require.15

CHAPTER 3

MODEL FORMAT

Charitable Trusts: Model Trust Deed (GD2)

A trust is likely to be appropriate where the charity:

• will not have a membership; and

• is unlikely to employ a significant number of staff or carry on any kind of business.

• The comprehensive information under Start up a charity.

• Registering as a Charity (CC21).

• Choosing and Preparing a Governing Document (CC22). This gives advice on the
practicalities of completing the charity’s governing document and on the different provisions
which may be needed.

• Guidance The Essential Trustee - One need to know (CC3), which sets out the basics that
all charity trustees need to know.

Next steps

1. Completing the trust deed Once you have decided to apply to register a charitable trust.
The model is intended to be sufficiently flexible to deal with most eventualities. If someone
want to include special or complex provisions which are not contained in it one should
consider asking a solicitor to help them. one must make clear any changes one make and why
they are necessary. This will help us to consider one's application as quickly as possible.
They cannot guarantee to accept every organisation which uses the model trust deed as
charitable. They must consider each case separately.

2. After you have completed the model trust deed:

15
Section 92 , Civil Procedure Code .

23 | Page
• execute the deed - this involves signing and dating it in the presence of a witness - the notes
give more detail about this; and

• check whether the deed needs to be stamped by HM Revenue & Customs (see next page
under ‘Does the deed need to be stamped?’)

3. Applying to register

4. It can normally make a decision in 15 working days.

Does the deed need to be stamped?

Deeds executed before 1 December 2003 require stamping. Deeds executed on or after 1
December 2003 but before 13 March 2008 only require stamping if the deed declares trusts
over stocks and shares. Deeds executed on or after 13 March 2008 do not require stamping.

A DEED MUST INCLUDE

This declaration of trust is made of the trustee and the sum held by him and clause that he may
acquire more.

2. Name The charity

3.The objects of the charity

4. Application of income and capital

5. Powers- It includes the powers granted to the trustee by the way of creation of the trust.

6. Statutory powers:- Nothing in this deed restricts or excludes the exercise by the trustees of
the powers given by the Trustee Act 2000 as regards investment, the acquisition or disposal
of land and the employment of agents, nominees and custodians.

7. Delegation :- In addition to their statutory powers, the trustees may delegate any of their
powers or functions to a committee of two or more trustees.

8. Duty of care and extent of liability :- No trustee, and no one exercising powers or
responsibilities that have been delegated by the trustees, shall be liable for any act or failure
to act unless, in acting or in failing to act, he or she has failed to discharge the duty of care.

24 | Page
9. Appointment of trustees :- States the number of trustee and the requirement for being a
trustee

10. Eligibility for trusteeship :- It doesn't state what is required, but states the conditions
which shall make a person disqualifies for being a trustee.

11. Termination of trusteeship:- states the conditions for termination of a trustees.

12. Vacancies :- states the procedure when there is vacancies and reappointment .

13. Ordinary meetings:- Should states the number of a meeting in a year and its mode.

14. Calling meetings:- states theproceedureof calling a meeting.

15. Special meetings :- clause for special meeting

16. Chairing of meetings

17. Quorum

18. Voting At meetings

19. Conflicts of interests and conflicts of loyalties

20. Saving provisions

21. Minutes of the meeting provision

22. General power to make regulations.

23. Disputes resolution provision

24. Accounts, Annual Report and Annual Return provision

25. Registered particulars

26. Bank account management provision

27. Application of income and property

28. Benefits and payments to charity trustees and connected persons

29. Repair and insurance

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30. Expenses:- should state the provision about the use of cash and property.

31. Amendment of trust deed :- States the procedure for amendment of the deed.

32. Dissolution :- states the condition and procedure for dissolution of a trust.

33. Interpretation :- states certain meaning of term to be used.

At the end the witnesses and their particulars are to be stated such as their signature , date of
signature, name , address and the person for whom they are signing.

Sample MODEL FORM

IN THE CIVIL COURT AT SAKET NAGAR, MUMBAI

Suit No. 166 of 2022

Chetan Sinha ……… Plaintiff

V.

Lilavati Kirtilal Mehta Medical Trust Malviya Nagar, Mumbai

B104, Malviya Nagar, Mumbai ……Defendant

Suit for the Injunction On the use of Unused land as a dumping

area

The Plaintiff submitted as under:

1. The defendants’ trust is situated at Malviya Nagar, Mumbai and

the plaintiff is a neighbor of the defendants.
2. Unused land is near the Trust of the defendant’s, which is used by
the trust of B106 i.e., defendant as a dumping yard for the waste
material.
3. That the Defendants was all the time throwing the waste material
26 | Page
 in that unused land near the house of the plaintiff.
4. Since a very long time of being used as a dumping yard by the
defendants, there is a collection of huge waste material that leads
to the health problem of the plaintiff and public.
5. That the court has jurisdiction on this matter to fix an injunction on
the use of unused land as a dumping area as it restricts his free
movement and also leads to affect health due to defendants action.

Prayer:

It is Prayed that a decree for the injunction is passed in favor of the plaintiffs against the
defendant. And some other relief as the court thinks fit.

Place: Malviya Nagar Signature

Date: 04/02/2022 (Chetan Sinha)

Verification:

In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are
true to knowledge and the contents of remaining paras are according to legal advice from
advocate which Is believed to be true.

Place: Malviya Nagar s/d of Plaintiffs

Date: 04/02/2022

27 | Page
CHAPTER 4

CONCLUSION AND SUGGESTION

Under Section 92 of Civil Procedure Code, the objective of the section is for the protection
and preservation of a public or charitable trust from undergoing harassment suit against it.
Public trust of religious or charitable purpose engage in the benefit and welfare of the public,
and shall not be taken advantage of due to its essence. In this section, the Advocate-General
to institute a suit, or permission of the court before suits are instituted, is to protect public
interests and the interests of the institution, on the one hand, and to discourage impecunious
and improper persons indulging in vexatious and improper suits against trustees, on the other.

The operation of section 92 demands certain character and pray for certain reliefs. First, there
should be a trust created for religious or charitable purposes. Second, there must be allegation
of either breach of trust or of necessity of having directions from the court for the
administration of trust. Third, the relief claimed must be one or other reliefs specified in the
section. Lastly, the suit must be one brought in representation capacity in the interests of the
public or the trust itself and should not be for vindicating the private rights of the plaintiff.

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BIBLIOGRAPHY

Cases

Christopher Karkada and others Vs. Church of South India, Madras and others, ILR 2012
KAR 725; 2012(1) KCCR 503 (DB)....................................................................................14
Donor bellur thammaiah's charities and swamy sri ramdas melu sakkare uppara vidya,
vardhaka trust, mysore and others Vs. G.M Gadkar and others, 2010(4) AIR KAR R 306.
..............................................................................................................................................16
Shivananda C.R and others Vs. Sri. H.C. Gurusiddappa and others ,ILR 2011 KAR 4624....14
Shivananda C.R and others Vs. Sri. H.C. Gurusiddappa and others, ILR 2011 KAR 4624....15

Statutes

Section 92 , Civil Procedure Code...........................................................................................17

Section 92, Civil Procedure Code............................................................................................16

Websites

By Santanu Dey, Legal Provisions of Section 92 of Code of Civil Procedure 1908, (C.P.C.),
India – Public Charities, Share your essays ( 28th March, 11
AM), https://www.shareyouressays.com/knowledge/legal-provisions-of-section-92-of-
code-of- civil-procedure-1908-c-p-c-india-public-charities/114357....................................13
By Shuvneek Hayer, Meaning and essentials of suits, Law Times Journal ( 26th march,2021,
7 Pm ) http://lawtimesjournal.in/meaning-and-essentials-of-suits/....................................7, 9
By Sylvine, Laws Applicable To A Public Charitable Trust In India, Ipleaders, ( 27th
match,2021, 9Pm), https://blog.ipleaders.in/laws-applicable-public-charitable-trust-
india/#:~:text=Trust%20created%20for%20the%20advancement,the%20benefit%20of%20
the%20public........................................................................................................................12
Helpline Law, https://www.helplinelaw.com/civil-litigation-and-others/suit/types-of-
suits.html, 27th march, 2021................................................................................................10

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Law notes for you, https://www.lawnotes4u.in/2019/09/meaning-and-essentials-of-suit-under-
cpc.html#:~:text=According%20to%20the%20dictionary%20meaning,the%20enforcement
%20of%20a%20right%2C, 26th march, 2021.......................................................................8
lawyers Club India, https://www.lawyersclubindia.com/articles/suit-under-section-92-of-cpc-
9479.asp, 28th march 2021...................................................................................................15
Lawyers Club India, https://www.lawyersclubindia.com/articles/suit-under-section-92-of-
cpc- 9479.asp, 28th march,2021...........................................................................................13
Legal Service India, http://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-
its-Essentials.html, 27th march,2021......................................................................................9

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