Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII. R.11---incompetent suit---Duty of parties of draw Court's attention to same by way of application to reject plaint---Principles. It is the duty of the Court to reject the plaint if, on a perusal thereof, it appears that the suit is incompetent the parties to the suit are at liberty to draw Court's attention to the same by way of an application. The Court can and in most cases hear counsel on the point involved in application. The principles involved are two-fold, in the first place, it contemplates that a still born suit should be properly buried, at its inception, secondly, it gives plaintiff a chance to retrace his steps, at the earliest possible moment, so that, if permissible under law, he may find a properly constituted suit. One of the objects of exercise of powers in terms of O.VII, R.11 is that an incompetent suit should be laid to rest at the earliest moment, so that no further time is wasted on the matter, which is bound to collapse being not permitted by law. (b) Civil Procedure Code (V of 1908)--- ----S. 92---Trusts Act (II of 1882), S.6---Private and public trust--­Distinction---Beneficiaries in private trust are specific individuals i.e. ascertained persons or capable of being ascertained---Beneficiaries in public trust are general public or a class thereof incapable of ascertainment. Deok Nandan v. Murlidhar AIR 1957 SC 133; Haji Muhammad Nabi Shirazi and others v. Province of Bengal and others AIR 1942 Cal. 343 and Umesh Chandra Banik and others v. Rai Shahed Abinash Chandra Bhattacherjee and others PLD 1968 Dacca 124 fol. (c) Civil Procedure Code (V of 1908)--- ----S. 92---Trusts Act (II of 1882), S.6---Private or public trust---Test to determine its nature---One has to refer to the object of trust contained in deed of trust. (d) Civil Procedure Code (V of 1908)--- ----S. 92---Proceedings involving trust or its property---Permission of Advocate-General in terms of S.92, C.P.C.---Mandatory--­Absence of such permission would render suit ab initio incompetent. Pramatha Nath Mullick v. Pradhyumma Kumar Mullick and another AIR 1925 PC 139; Janaki Bai Animal v. Sri Triuchitrambala Vinayakar of Melman…

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