Under section 92 of CPC, the power of the court to contend directions for a trust not independent of the scheme framed in respect – Kerala High court

November 22, 2023by Primelegal Team0

Case title: P.S. Rajeev v. The Sree Narayana Trusts,

Special Jurisdiction Case No.6 of 2023

Judgement Dated: 8th day of November, 2023

CORAM: P.B.SURESH KUMAR, JUDGE, JOHNSON JOHN, JUDGE.

Introduction

The High Court of Kerala recently restated that the finality of a decree does not preclude a court settling scheme under Section 92 CPC from modifying it and that the court’s power to amend the scheme or to issue directions for the effective functioning of a Trust is derived from the scheme itself.

 

Facts of the Case

A suit was instituted before the District Court, Thiruvananthapuram under Section 92 of the Code of Civil Procedure (the Code) for framing of a scheme for the administration of the Trust. In the appeals preferred against the decree in the suit, this Court modified the scheme framed by the District Court in the suit and the Trust is being administered thereafter in terms of the scheme framed by this Court as amended from time to time.

The petitioners are persons who made contributions to the Trust in terms of the Scheme and thereby acquired membership in the Board of Trustees. They have approached this Court invoking Clause 34A of the Scheme for redressal of their grievances against the office bearers of the Trust. the petitioners took out a notice to them also by publication in the newspaper and several persons have got themselves impleaded in the proceedings, pursuant to the said notice.

A counter-affidavit has been filed by the third respondent on his behalf and also on behalf of respondents a counter-affidavit has been filed by the sixth respondent, the Returning Officer appointed for the election. We are not referring to the averments in the counter affidavits as we find it unnecessary to refer to the same in the nature of the order we propose to pass in this proceedings.

this matter was taken up for hearing, the learned Senior Counsel appearing for the contesting respondents contended in unison that the special jurisdiction case instituted claiming the reliefs above mentioned, is not maintainable. The essence of the arguments advanced by the learned counsel for the respondents is that the reliefs sought by the petitioners cannot be granted in terms of Clause 34A of the Scheme.

The learned Senior Counsel appearing for the respondents resisted the argument aforesaid of the learned Senior Counsel for the petitioners pointing out that the scope of Clause 34A is to be understood in the light of the orders passed by the learned Judges constituting the Division Bench It was also pointed out that in the concurring opinion rendered by one of the learned Judges, it is clarified that the said Clause cannot be invoked for seeking reliefs that would fall under clauses (a) to (h) of sub-section (1) of Section 92 of the Code. According to the learned Senior Counsel, if the scope of Clause 34A is understood in that fashion, it could be seen that the reliefs sought for by the petitioners cannot be granted in a proceeding initiated under Clause 34A.

Analysis of the court

The special jurisdiction case, in the circumstances, is not maintainable and the same is, accordingly, dismissed

It is, however, made clear that this order will not preclude the petitioners or any one of them from seeking appropriate amendments in the Scheme, so as to prevent the office bearers of the Trust from committing any act which would amount to a breach of trust. It is also made clear that this order will not preclude the petitioners or any of them from seeking appropriate relief in appropriate proceedings in respect of the matters covered by this case.

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Written By

Kaulav roy chowdhury

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Primelegal Team

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