Supreme Court · 2008 INSC 266 · Decided 27 February 2008

Vidyodaya Trust v. Mohan Prasad R & ORS.

Court
Supreme Court of India
Citation
2008 INSC 266 · [2008] 3 S.C.R. 569
Case number
CIVIL APPEAL No. 1633/2008
Decided
27 February 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
CPC Section 92, 115

Headnote

569 "' VIDYODAYA TRUST A v. MOHAN PRASAD R & ORS. (Civil Appeal No. 1633 of 2008) FEBRUARY 27, 2008 B (DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.) ~ ... Code of Civil Procedure, 1908; s. 92/lndian Trust Act, 1882; s.34: Public Trust of religious/charitable character - c Maintainability From averments in plaint, if it transpires that personal rights of some persons vindicated, no action under provisions D ~ --""., of s. 92 CPC would lie - Object and purpose of filing suit is of paramount importance and not the relief - The Court has to go beyond the relief to find out

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