Law: Criminal Procedure Code (V of 1898)

Section: 146,145

Law: Criminal Procedure Code (V of 1898)

Section: 146,145

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,S.92

Civil Procedure Code (V of 1908)-------O. VII, R. 11 & S.92---Specific Relief Act (I of 1877), S.42---Suit for declaration---Rejection of plaint---Applicability of S.92, C.P.C.---Scope---Defendant filed written statement along with an application for rejection of plaint under O.VII, R.11, C.P.C.---Trial Court after hearing the counsel for the parties, came to the conclusion that as the plaintiff had filed the suit with respect to a pubic land/public charity, the sanction of the Advocate General, as envisaged under S.92, C.P.C. having not been sought, the suit was barred by law, and invoking the provisions of Order VII, R.11, C.P.C. rejected the plaint by impugned order---Said order of the Trial Court had been confirmed by the Appellate Court---Validity---Once it was proved on the record that the property, subject matter of litigation was either a public trust or public charity, prior permission of the Advocate General must be obtained for institution of the suit, but the question in the present case was as to when the plaint was filed; and written statement was submitted by the defendant, Trial Court was bound to have framed proper issues and afforded opportunity to the parties to lead pro and contra evidence; and pursuant to that, if it was proved on the record that the property, subject matter of the litigation was either public trust or any charitable institution, then the bar under S.92, C.P.C. would be attracted; and the suit would be liable to be dismissed; but if from the evidence on record it was discernible, that it was a private trust; then the provisions of S.92, C.P.C. would not be applicable because, when a person claimed a property in his private capacity; and nowhere the public trust or charity was alleged in the plaint; then the bar contained under S.92, C.P.C. would not be applicable---Orders of the two courts below being contrary to law and justice, were liable to be set aside---Impugned and decrees of the courts below were set aside and the matter was remanded to the Trial Court with direction to frame proper issues in the case and give the parties an opportunity to lead evidence and thereafter decide the case on merits. Kathiawar…

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