Supreme Court · 2012 INSC 219 · Decided 9 May 2012

Sinnamani & ANR. v. G. Vettivel and ORS.

Court
Supreme Court of India
Citation
2012 INSC 219 · [2012] 4 S.C.R. 513
Case number
CIVIL APPEAL No. 4368/2012
Decided
9 May 2012
Bench
K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC Section 9, 26, 2(2), 2(14), 1to3, 5to7

Headnote

Trust Act, 1882 - s. 59 - Trust Original Petition - Filed A B by beneficiaries of trust - For execution of the trust - Original petition rejected being barred by s. 9 CPC as for the relief C sought, suit alone was maintainable - High Court upholding the order and also denying conversion of the 59 gives right to the beneficiaries to sue for execution of trust only by filing a suit and not any original petition - When the Act provides for filing of a suit, o suit alone can be filed - In the absence of a statutory provision conversion of original petition to civil suit or vice-versa is

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)