Supreme Court · 1969 INSC 208 · Decided 28 August 1969

M. K. Rappai & ORS. v. John and ORS.

Court
Supreme Court of India
Citation
1969 INSC 208 · [1970] 2 S.C.R. 124
Case number
CIVIL APPEAL No. 1787/1966
Decided
28 August 1969
Bench
K.S. HEGDE, A.N. RAY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 92; Specific Relief Act Section 42, 34

Headnote

Practice and Procedure-suit for appointment of trustees, filed wirhout pmp/ying with provisions of s. 92, Civil :'rocedure Code-Right declared, to be appointed as trustees when properly framed suit rmder section filed­ Propriety-Declaration, if barred by s. 42, Specific Relief Act (l of 1877) the father or the first plaintiff, the father of the serond plaintiff, and defendants 1 to 3 and 10 and 11, as trustees of an Educational and (:haritable Tru5t. On the resignation of the fathers of the two plaintiffs, the remaining trust-ees appointed defendants 4 to 9 as trustees. The

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