Law: Civil Procedure Code (V of 1908)

Section: 92

(b) Civil Procedure Code (V of 1908)--- ----S.92---Public charities---Scope---Suit under S.92, C.P.C., is of special nature which pre-supposes the existence of a public trust of a religious or charitable character---Object of S.92, C.P.C., is to protect a public trust of a charitable and religious nature from being subjected to harassment by suits filed against them---Public trust for charitable and religious purposes are run for the benefit of the public---No individual should take benefit from them---Section 92, C.P.C., has no application where the plaintiff does not sue to vindicate the right of the public but seek declaration of his individual or personal rights. (c) Civil Procedure Code (V of 1908)--- ----S.92---Public charities---Waqf property---Scope---Question, whether permission from Advocate General under S.92, C.P.C., is required, can only be determined once it is established that the property with respect to which the suit has been filed is waqf property---Where the Court holds on the basis of evidence that the property in question is waqf property and the relief sought by the plaintiff falls within the scope of Cls. (a) to (h) to subsection (i) of S.92, C.P.C., the suit can be dismissed on the sole ground that the consent under S.92, C.P.C., was not obtained prior to the filing of the suit---If on the other hand, the Court holds that the property is not waqf property or that the relief prayed for does not fall within the scope of S.92, C.P.C., then the consent under S.92, C.P.C., for filing a suit would not be necessary. (d) Civil Procedure Code (V of 1908)--- ----S.115---Revision---Scope---High Court while exercising revisional jurisdiction is supposed to make a comparative analysis of both the s in order to determine their validity on the touchstone of S.115, C.P.C., but in the matter of giving preference to the s of lower courts, while analyzing the same in exercise of revisional jurisdiction, the preference and regard is always given to the findings of the appellate court, if those are not suffering from any legal infirmity. Muhammad Nawaz through L.Rs v. Haji Muhammad Baran Khan through L.Rs and others 2013 SCMR 1300 rel. Ahsan Rafiq Rana for…

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