Law: Civil Procedure Code (V of 1908)

Section: 92,OrderI,Rule10,8,1

Civil Procedure Code (V of 1908)--- ----S. 92, O. I, Rr. 8 & 10---Suit under S.92, C.P.C. relating to public charities---Nature, spirit scope and concept of the suit---Application under O.I, R.10, C.P.C. by applicant to be arrayed as co-plaintiff in the suit---Principles---Necessary parties---Scope. A suit under section 92, C.P.C. inherently is representative in nature but having its own features and kind, it can neither be strictly termed as an ordinary civil lis between two adversary litigants nor can be equated to a representative suit generally filed under Order I, Rule 8, C.P.C. From the letter, spirit, scope and concept of the said section, its object being to safeguard the trust and the rights of the public in the trust; furthermore, the suits against the trustees of a public trust should be regulated by law and institution of indefinite number of vexatious, harassing and reckless suits in relation to the matters enumerated in the section must be prevented. It is for this reason that the Advocate-General, who is the principal law officer of the Proving and the most responsible person, has been empowered, authorized and conferred with the sole prerogative to invoke the legal mechanism for the protection of the trust etc; thus when he himself files a suit, it is a representative suit to all intents and purposes, with the same effects of the /decision as rendered by the Court in ordinary representative suits, however, none of the persons having interest in the trust in this suit, shall be entitled to be arrayed as a co-plaintiff along with the Advocate-General by taking resort to section 92, Order I, Rules 1, 8 or 10, Cr.P.C. The other mode envisaged for the institution of the suits under section 92, Cr.P.C. is on account of the permission of the Advocate-General obtained by two or more persons who are interested in the trust. In such eventuality, the Advocate-General, in line with the object of the law, is not expected to grant the permission as a matter of right or course or in routine, rather after being satisfied about the bonafide and the motive of the said persons and that they are not intending to assert any of their personal rights. Once the…

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