In Brief
The appellants sought permission under Section 92 of the Code of Civil Procedure to file a suit against respondents for misadministration of a charitable trust created by way of a conditional gift in 1940. The District Judge granted permission, but the High Court reversed this, finding the respondent society to be the absolute owner. The Supreme Court held that while the District Judge was correct that the property constituted a trust falling within Section 92's ambit, he erred by granting leave without the plaint being annexed to the application—a statutory prerequisite. The Court also faulted the High Court for failing to examine this mandatory requirement. The appellants were granted liberty to file a fresh application within 30 days with proper compliance.
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