Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.92(1)(h)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.92(1)(h)

(a) Civil Procedure Code (V of 1908)-------S 92---Suit under S.92, C.P.C.----Maintainability---Determination---Essential considerations---Such question would be determined on an examination of entire plaint after considering its substance and not the form in which the suit was brought. Fakir Shah and others v. Mehtab Shah Pir Bukhari Masjid and others PLD 1988 SC 283 and Begum Hafizunnisa Qureshi v. Shaikh Muhammad Hussain and others 2003 CLC 1156 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 92 & O.VII, R.11---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Rejection of plaint---Trust Deed and will of testator prohibiting sale of trust property---Sale of trust property by defendant-trustee without permission of Court alleged by plaintiff-tenants to be against law and a nullity and apprehending their illegal eviction by its purchaser---Defendant's application under O.VII, R.11, C.P.C., for rejection of plaint---Validity---Suit property belonged to public charitable trust---Plaintiffs could not contend that scope of their suit fell outside purview of S.92, C.P.C.---Plaintiffs' grievance related to matters coming within scope of S.92(1)(f), C.P.C., and alleged apprehension was not their substantive grievance---Tenant could be evicted only in accordance with law and mere change of ownership would not result in his eviction---Plaintiffs had not brought suit in a representative capacity for benefit of public at large, but were asserting their individual rights---Plaintiffs were not persons having an interest in trust within meaning of S.92, C.P.C.---Section 92, C.P.C., was intended to be a shield protecting trustees from frivolous and fictitious litigation---Nothing was brought on record by plaintiffs to contradict defendant's version that object and purpose of trust would be best served by sale of trust property and investing its proceeds elsewhere---After applying mind to facts available on record and situation of the present case, a reasonable person would not conclude that directions/decree of court was necessary for administration of trust including sale of suit/trust property---High Court rejected…

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