Supreme Court of India

Vidyodaya Trust v Mohan Prasad R

(2008) 4 SCC 11520081 min read
The case in brief30-second read
Facts
Leave was granted under S.92 CPC for a suit against the appellant trust. The trust challenged the grant of leave and the maintainability of the suit.
Issue
Whether leave is a condition precedent under S.92, whether notice is needed before leave, and when a suit falls within S.92.
Held
Leave of the court is a condition precedent to a suit under S.92. As in R.M. Narayana Chettiar, notice to the defendants before leave is advisable but not a statutory requirement. A suit under S.92 is a representative suit to vindicate public rights; the court must examine the plaint to see whether the suit is really for that purpose and not to settle personal disputes.
Principle
S.92 CPC is for vindicating public rights in a public trust, and leave is a condition precedent.
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Facts

  • Leave was granted under S.92 CPC for a suit against the appellant trust. The trust challenged the grant of leave and the maintainability of the suit.

Issue

  1. Whether leave is a condition precedent under S.92, whether notice is needed before leave, and when a suit falls within S.92.

Held

  • Leave of the court is a condition precedent to a suit under S.92. As in R.M. Narayana Chettiar, notice to the defendants before leave is advisable but not a statutory requirement. A suit under S.92 is a representative suit to vindicate public rights; the court must examine the plaint to see whether the suit is really for that purpose and not to settle personal disputes.

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Citation

Vidyodaya Trust v Mohan Prasad R (2008) 4 SCC 115

Reported: https://indiankanoon.org/doc/1895556/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.