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
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