Law: Civil Procedure Code (V of 1908)

Section: 92, O. XXIII, r. 3

(a) Civil Procedure Code (V of 1908), S. 92--Scope Provi sion of section requiring written consent of Advocate-General for filing suit for breach of trust-Applicable to suits relating to completed trusts and not to suits to enforce trusts-Application of beneficiary for enforcement of trust according to testator's will--- Not hit by provisions of S. 92. Mulla's Code of Civil Procedure 12th Edn., p. 340 ; Abdur Rahim and others v. Mahomed Barkat All and others A I R 1928 P C 16 ; Annavarapu Nacharamma v. Malladi Venkatappayya A I R 1917 Mad. 1008 and Subramania v. Maya Kone A I R 1940 Mad. 81 rel. (b) Civil Procedure Code (V of 1908), O. XXIII, r. 3 read with Appendix D, Form No. 17-Administratim suit-Compromise- Preliminary compromise decree not recorded in Form No. 17 pre scribed under Appendix D-Objection to such decree on plea of fraud and being detrimental to minors, parties to suit, held, maintainable-Decree being preliminary, suit was still pending am plaintiff could not, in circumstances, be driven to necessity of filing separate suit-Decree, held, could be corrected by Court. Jadunath v. Parmeswar A I R 1940 P C 11 and H. H. Abide Sultana v. H. H. Sajida Sultana and others Suit No. 66 of 196: (unreported rel.) (c) Civil Procedure Code (V of 1908), O. XXIII, r. 3 read with S. 151-Court, inherent powers of-Decree, setting aside of-Inherent powers, though, not to be exercised lightly, yet, in extraordinary cases, Court bound to correct its decree obtained by fraud- Preliminary compromise decree passed by Court nullifying will of deceased for creation of trust-Such decree found as obtained by fraud and in absence of beneficiaries of will and also against interest of minors, parties to suit-Court's action in condemning innocent third parties unheard-A patent illegality- Decree, in circumstances, set aside in exercise of inherent powers under S. 151. Umar Din v. Mir Zaman and others A I R 1930 Lah. 654 ref. Grindlays Bank Ltd. v. Murree Brewery Ltd. P L D 1954 Lah. 745 ; The Bolivar case A I R 1916 P C 85 and Mir Attaullah Khan v. Sardar Mehboob Khan and others P L D 1965 Kar. 341 rel. (d) Company-Incorporated company-A "legal entity"…