Trust.
The Appellants filed applications under Section 92 Civil
Procedure Code ( CPC ) for leave to file suits
challenging the said appointments and leave ... filed under Section 92 CPC. Inasmuch as the newly
appointed trustees resigned their trusteeship and
withdrew their application under Section 92 CPC
trust, the very foundation of a suit
under Section 92 of the Civil Procedure Code became
wanting and the plaintiffs had absolutely no cause ... suit under section 92 CPC:
(i) The plaintiff can only seek reliefs that fall under any of the clauses in
section 92 CPC
taken that in a suit under Section 92, Civil Procedure Code (as under 5. 530 of the old Code) no relief could be granted ... parties or proper parties to a suit under Section 92 of the Civil Procedure Code?
37. Section 92 is:
In the case of any alleged
instituting suit under Section 92 , C.P.C. and the permission under Order 1, Rule 8, C.P.C . to file suit in the representative ... leave under Section 92 , C.P.C.. The trial Court has ordered notice to the defendants in the application under Section 92 ,
Code of
Civil Procedure, ( C.P.C . for short). Hence, the suit
without obtaining sanction under Sec.92 (1) C.P.C. is
not maintainable ... leave under Sec. 92 (1)
A.S.No.844 of 1998 :46:
C.P.C . nor was leave obtained under Sec. 92 (1)
leave under section 92 C.P.C.
22. The sixth defendant is the applicant herein seeking revocation of leave granted under section 92 CPC ... with a view to bringing the suit under the Section then suit purporting to be brought under Section 92 must be dismissed."
40.Perusal
appeal.
3. The Plaintiffs filed the suit against the defendants under Section 92 of the Code of Civil Procedure seeking the following reliefs:
a)Frame ... filed for framing a scheme under Section 92 of the Code of Civil Procedure to bifurcate the Suit Trust from the first respondent Trust
suit invoking Section 92 of Civil Procedure Code. Hence, the application seeking leave of this Court under Section 92 of CPC ... remedy under Section 92 of CPC. Hence, addition of the said declaration prayer in the plaint filed under Section 92 of CPC
provisions in Section 104 , Civil Procedure Code, an appeal will lie only if leave is refused under Section 92 , Civil Procedure Code. The learned Counsel ... such right. Section 104 , Civil Procedure Code does not prohibit an appeal from an order granting leave under Section 92 , Civil Procedure Code. No doubt
suit for the reasons stated supra. The suit was filed under Order VII Rule 1 and Section 92 and 151 of Code of Civil Procedure ... under Section 92 C.P.C. and therefore, the contention of the defendants that leave is required under Section 92 CPC for institution
