CPCPublic trustSupreme Court of India

Raje Anandrao v Shamrao

AIR 1961 SC 120619611 min read
The case in brief30-second read
Facts
The Balaji temple at Deolgaon Raja (Buldana District) was held in 1866 to be a public endowment founded by the Raja's ancestors, with the Raja entitled to manage it; the pujaris held hereditary offices.
Held
A scheme for a public trust framed in a S.92 CPC suit may include a clause allowing it to be modified on application when needed.
Principle
A scheme framed in a S.92 CPC suit may provide for its own modification on application; such a modification for the trust's administration needs no fresh S.92 suit, but must not affect the private rights of persons who were not parties.

Facts

  • The Balaji temple at Deolgaon Raja (Buldana District) was held in 1866 to be a public endowment founded by the Raja's ancestors, with the Raja entitled to manage it; the pujaris held hereditary offices
  • A S.92 CPC suit filed in 1904 ended in 1916 with directions for a scheme that would provide, among other things, for its modification from time to time; schemes were framed in 1918, 1926 and 1935, and the 1935 scheme reserved a power of modification
  • The pujaris were not parties to that suit; a separate suit decided in 1936 held their offices hereditary but subject to the Raja's control
  • After trouble at the temple, a Commissioner was appointed in 1953 and on 12 April 1954 the District Judge revised the scheme
  • On the pujaris' revision, the Nagpur High Court held that the scheme could not be modified to affect them without a fresh S.92 suit; the Raja (trustee) appealed by special leave

Held

  • A scheme for a public trust framed in a S.92 CPC suit may include a clause allowing it to be modified on application when needed.
  • A modification made for the administration of the trust does not need a fresh S.92 suit and is not an amendment of the decree.
  • A S.92 suit is representative and binds everyone interested in the trust, but the private rights of non-parties must not be affected.
  • The revised scheme was restored, subject to safeguards.

Cite this

Citation

Raje Anandrao v Shamrao AIR 1961 SC 1206

Reported: https://indiankanoon.org/doc/858595/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.