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N.S.Nanjundasamy(Died) vs V.Nanjundasamy on 25 April, 2014 cites

T.G. Viswanathan Chettiar vs T.A. Shanmugha Chettiar And Others on 12 July, 1990

17. Point No.I It is admitted that the trust is a private trust and the same has been confirmed by the order passed in O.P.No.50/1930 as evidenced by Ex.B.2 and B.4. Admittedly Section 92 C.P.C. can be applied only in respect of public Trust and the trust being a private one, Section 92 C.P.C. cannot be applied. Further, the essential ingredients for seeking relief under Section 92 C.P.C. is that parties must fight to vindicate public rights and they should not fight for personal rights and this case, the parties are fighting to establish their right to the management and therefore, the suits filed by the respondents/plaintiffs cannot be brought under Section 92 C.P.C. The judgments reported in T.G.Viswanathan Chettiar V. Shanmugha Chettiar and Others reported in AIR 1992 MADRAS 148 and Appanna Poricha Vs. Narasinga Poricha and Others reported in AIR 1922 Mad 17 confirmed the same and hence, I hold that the suit filed under Order 1 Rule 8 is maintainable and no leave need be obtained under Section 92 C.P.C. and answer the point No.1 against the appellant.
Madras High Court Cites 15 - Cited by 5 - Full Document

Appanna Poricha vs Narasinga Poricha And Ors. on 13 September, 1921

17. Point No.I It is admitted that the trust is a private trust and the same has been confirmed by the order passed in O.P.No.50/1930 as evidenced by Ex.B.2 and B.4. Admittedly Section 92 C.P.C. can be applied only in respect of public Trust and the trust being a private one, Section 92 C.P.C. cannot be applied. Further, the essential ingredients for seeking relief under Section 92 C.P.C. is that parties must fight to vindicate public rights and they should not fight for personal rights and this case, the parties are fighting to establish their right to the management and therefore, the suits filed by the respondents/plaintiffs cannot be brought under Section 92 C.P.C. The judgments reported in T.G.Viswanathan Chettiar V. Shanmugha Chettiar and Others reported in AIR 1992 MADRAS 148 and Appanna Poricha Vs. Narasinga Poricha and Others reported in AIR 1922 Mad 17 confirmed the same and hence, I hold that the suit filed under Order 1 Rule 8 is maintainable and no leave need be obtained under Section 92 C.P.C. and answer the point No.1 against the appellant.
Madras High Court Cites 12 - Cited by 34 - Full Document
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