Case Note & Summary
The case involves a civil revision petition filed under Article 227 of the Constitution of India, 1950, by the defendants 1 to 7 in O.S. No.394 of 2022 pending before the III Additional District Munsif Court, Coimbatore. The petitioners sought to strike off the plaint on the ground that the suit was barred under Section 92 of the Code of Civil Procedure, 1908 (CPC). The respondents 1 to 6 (plaintiffs) had filed the suit seeking a declaration that they are trustees of the Sree Shirdi Saibaba Matheswaran Trust and for a perpetual injunction restraining the defendants from interfering with their rights as trustees. The 7th respondent is the trust itself. The petitioners argued that since the suit relates to a public trust, it must comply with Section 92 CPC, which requires the sanction of the Advocate General or the consent of two or more persons having an interest in the trust. The plaintiffs contended that the suit is for declaration of their individual rights as trustees and for injunction, which does not fall within the purview of Section 92 CPC. The High Court examined the plaint allegations and found that the plaintiffs sought a declaration that they are trustees and an injunction against the defendants from interfering with their rights. The court held that such reliefs are not covered under Section 92 CPC, which deals with suits for reliefs like removal of trustee, appointment of new trustee, etc. The court also noted that the plaint disclosed a cause of action and was not manifestly vexatious. Consequently, the court dismissed the civil revision petition, holding that the suit is maintainable and the plaint cannot be struck off.
Headnote
A) Civil Procedure - Maintainability of Suit - Section 92 CPC - Suit for Declaration and Injunction - The suit filed by six plaintiffs claiming to be trustees of a trust seeking declaration of their rights as trustees and perpetual injunction against defendants is not barred under Section 92 CPC as the reliefs sought do not fall within the ambit of Section 92 CPC. The court held that Section 92 CPC applies only when the suit is filed by the Advocate General or two or more persons having an interest in the trust for reliefs such as removal of trustee, appointment of new trustee, etc. (Paras 4-6) B) Civil Procedure - Striking Off Plaint - Article 227 of Constitution of India - The High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, 1950, cannot strike off a plaint unless it is manifestly vexatious or without any cause of action. The court held that the plaint discloses a cause of action and the suit is not barred by law, hence the revision petition is dismissed. (Paras 7-8)
Issue of Consideration
Whether the suit filed by the plaintiffs/respondents 1 to 6 is barred under Section 92 of the Code of Civil Procedure, 1908, and whether the plaint is liable to be struck off under Article 227 of the Constitution of India, 1950.
Final Decision
The Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Section 92 CPC applies only when suit is filed by Advocate General or two or more persons with interest for reliefs specified therein
- Suit for declaration of rights as trustees and injunction is maintainable without compliance with Section 92 CPC
- Plaint cannot be struck off under Article 227 of Constitution of India if it discloses cause of action
