In Brief
The Supreme Court held that a suit under Section 92 of the Code of Civil Procedure, 1908 for framing a scheme of administration of a public charitable trust does not fall outside its scope merely because the plaintiff seeks appointment as a trustee, if the suit is brought to protect public rights in representative capacity. The appellants, qualified medical professionals removed from the board of a charitable hospital trust, sought leave to file a suit for framing a proper administration scheme and appointing qualified trustees. The High Court rejected this as vindicating private rights, but the Supreme Court restored the trial court's decision, holding that all three statutory conditions were satisfied and the substance showed public rights were agitated."
The lawyer headnote and full judgment text are available to registered users.