In Brief
A Trust managing a temple filed suit against a Sevadar (caretaker) seeking rendition of accounts and removal. The trial court found the Sevadar had admitted holding property in trust and granted rendition of accounts but not removal. The High Court set aside the decree, holding the suit not maintainable under Section 92 CPC. The Supreme Court allowed the appeal, holding Section 92 applies only to suits against Trusts, not by them. Since the Sevadar had admitted his position, the suit was maintainable. The Court also held that the Sevadar's successor (a member of the public offering services) had no special right to inherit the Sevadar's duties or resist the decree.">
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