Swami Parmatmanand Saraswati v Ramji Tripathi
(1974) 2 SCC 69519741 min read
The case in brief30-second read
- Facts
- A suit was filed under S.92 CPC about a math. On a reading of the plaint, the real object of the suit was to establish the right of a particular person to be the head of the math.
- Issue
- Whether a suit to vindicate the individual right of a person in relation to a public religious institution is a suit under S.92 CPC.
- Held
- S.92 applies only to public trusts of a religious or charitable nature, where there is an alleged breach of trust or the direction of the court is needed for administration, and where the suit is brought to vindicate the rights of the public. A suit primarily to vindicate the individual or personal right of a person is not within S.92. The court must look at the substance of the allegations and reliefs in the plaint. The appeal was dismissed.
- Principle
- A suit under S.92 CPC must be a representative suit to vindicate public rights, not a personal right.
Facts
- A suit was filed under S.92 CPC about a math. On a reading of the plaint, the real object of the suit was to establish the right of a particular person to be the head of the math.
Issue
- Whether a suit to vindicate the individual right of a person in relation to a public religious institution is a suit under S.92 CPC.
Held
- S.92 applies only to public trusts of a religious or charitable nature, where there is an alleged breach of trust or the direction of the court is needed for administration, and where the suit is brought to vindicate the rights of the public. A suit primarily to vindicate the individual or personal right of a person is not within S.92. The court must look at the substance of the allegations and reliefs in the plaint. The appeal was dismissed.
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Citation
Swami Parmatmanand Saraswati v Ramji Tripathi (1974) 2 SCC 695Reported: https://indiankanoon.org/doc/1675427/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.