Subordinate Courts Empowered To Grant Leave, Try And Dispose Suits Relating To Public Charitable Trust U/S 92 CPC: Kerala High Court
Live LawThe Kerala High Court has laid down that the Subordinate Judge's Courts are vested with the jurisdiction to grant leave for institution of a suit relating to a public charitable trust, and thereafter try and dispose of the same under Section 92 of the Code of Civil Procedure. Dias, which had expressed its doubt as to whether the decision in Sree Gurudeva Charitable and Educational Trust, Kayamkulam & Others v. K. Gopalakrishnan & Others, laying down that only the Principal District Judge has the jurisdiction to grant leave for institution of a suit under Section 92 CPC would hold ground. It is at this juncture that the Court was faced with the query as to whether the Sub Court has the power to try the suits under Section 92 CPC without the issuance of a further notification, particularly in light of the view taken by another Single Bench in Sree Gurudeva Charitable and Educational Trust, Kayamkulam, laying down that the Additional District Court has no power to entertain an application to grant leave to institute a suit under the said provision. As regards the power of the Additional District Court in granting leave and trying a suit under Section 92 CPC, the Court left the same open, on taking the view that the said question has not arisen before the Single Judge, and thus, the Division Bench could not render an academic answer on an issue outside the lis before the Single Judge.
History of this topic
S.92 CPC | Leave Of Court Mandatory Prerequisite For Instituting Suit, Defect Cannot Be Cured Later: J&K High Court
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Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
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Section 92 CPC - Court of Additional District Judge Cannot Grant Leave To Institute Suit Against Public Charities : Kerala HC [Read Judgment]
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