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1 - 4 of 4 (0.17 seconds)The Tirumalai Tirupati Devasthanams ... vs Udiavar Krishnayya Shanbhaga And Ors. on 19 February, 1943
In Thirumalai Thirupathi Devasthanams Committee v. Krishnayya (1943) 1 M.L.J. 388 : I.L.R. 1943 Mad. 619(F.B.) for example, the learned Chief Justice pointed out that Section 92 of the Code deals merely with the procedure to be adopted in a representative suit for a relief; and that there must be an apparent necessity for a direction of the Court with regard to the administration of the trust, not as to whether A or B is the rightful trustee. In that case too, certain trustees were held to have a normal right of action to recover from other trustees certain moneys collected on behalf of the temple and that such right was entirely independent of Section 92 of the Code. At page 653, the learned Chief Justice adds:
Section 15 in The Code of Civil Procedure, 1908 [Entire Act]
The Manjeshwar Srimad Anantheshwar ... vs M. Vaikunta Bhakta And Ors. on 2 November, 1942
5. A number of cases have been cited to us but we do not think it necessary to refer bo them in detail. One of us held in Padmanabha Kamath v. Vaikunta Bhatta (1942) 2 M.L.J. 757 with regard to this section as we now hold today. From a perusal of other cases it appears to us that the decisions relating to Sections 92 of the Code can usefully be employed in considering the meaning of Section 73 of the Act, there being in essence no difference.
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