Section 92 Civil Procedure Code 1908

Section 92 Code of Civil Procedure 1908, Public Charities

(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate General, may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the [Provincial Government] within the local limits of whose jurisdiction the whole or any part of the subject matter of the trust is situate, to obtain a decree:

  • Removing any trustee
  • Appointing a flew trustee
  • Vesting any property in a trustee
  • Directing accounts and inquiries
  • Declaring what proportion of the trust-property or of the interest therein shall be allocated to any particular object of the trust
  • Authorizing the whole or any part of the trust-property to be let sold, mortgaged or exchanged
  • Settling a scheme, or
  • Granting such further or other relief as the nature of the case may require

(2) Save as provided by the Religious Endowments Act, 1863. No suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-sections, Public trust, Section 92 makes provisions for suits relating to public trusts of a religious or charitable nature (a). Unless suits against the trustees of a public trust are regulated by law, an indefinite number of suits will be filed against such trustees which may be vexatious, harassing and reckless in nature(b). The object of Section 92, is to regulate the institution of suits for the relliefs enumerated in Section 92 (c). so that the trust and the right of the public in such trusts are safeguarded(d). The section must be strictly constructed(e). The suit can now only be instituted with the consent of the Advocate-General or the Collector (Section 93). Section 92 makes provision for action in respect of breach of trust and give the court full powers for the proper administration of public trusts(f). An action under Section is in its very nature a representative action(g). and the plaintiff can not assert any personal or private right(h). Such suits will be instituted in the ordinary manner. By virtue of Explanation VI, a decision in such a suit will operate as res judicata(i)

In order that a suit be instituted under Section 92 the following conditions must be fulfilled:
  • There must exist a trust for public purposes of a charitable or religious nature(j)
  • The plaint must either allege that there is a breach of trust or that the directions of the court are necessary for the administration of the trust(k)
  • The suit must be representative one on behalf the public and not for the assertion of the personal rights of the plaintiffs(l)
  • The relief claimed must be one of the reliefs enumerated in Section 92 (m)