Law:

Section:

(a) Civil Procedure Code (V of 1908)-­S. 92--Constitution Of Pakistan (1973)of certain persons from management of the certain related reliefs contemplated by S.92, C.P.C.--Leave to appeal granted to examine whether such suit was not maintainable without the consent in writing of the Advocate- General. (b) Civil Procedure Code (V of 1908)-- S. 92--Filing of suit under S.92, C .P .C. --Conditions to be fulfilled-- Contents of, the plaint will determine the maintain ability, of the suit and the attraction of the bar contained in S.92. In order to file a suit under section 92, C.P.C the following conditions must be fulfilled: "(1) There must exist a trust for a public purpose of a charitable or religious nature. (2) The plaint must either allege that there is a breach of trust or that the directions of the Court are necessary for the administration Of the trust, ( 3) The suit must be a representative one on behalf of the public and not for the assertion of the personal rights of the plaintiffs. (4) The relief claimed must be one of the reliefs enumerated in section 92." If all the above-said conditions are satisfied in regard to a suit then such a suit can only be filed in accordance with the procedure lain down in section 92, and an action in any other form will be barred. In order to attract the applicability of this section it has to be seen whether the suit is for vindication of a public right; and for this purpose the substance and not the form of the suit must be looked at. The contents of the plaint will determine the maintainability, of the suit and the attraction of the bar contained in section 92. (c) Civil Procedure Code (V of 1908)-- S. -92--Shrine and the properties attached to it were public Waqf and therefore trust for public - purposes of a religious nature-­Precondition as laid down in S.92, held, existed (d) Civil Procedure Code (V of 1908)-- ---S. 92--Plaint contained clear allegations that Waqf was meant for the Sunni community and the shed constructed there was for the purpose of imparting religious education, but these properties were being used for purposes other than those for which they were dedicated Plaint alleged a breach of trust, but…

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