In Brief
In 1940, property was gifted conditionally to a registered society (Satya Gyan Niketan) for developing Hindi language and opening a library, with the condition that the society could not sell or mortgage it. When the society failed to fulfil these purposes, interested parties sought permission under Section 92 CPC to sue the society as a trustee. The District Judge granted permission, but the High Court reversed this. The Supreme Court held that a conditional gift creating charitable obligations does constitute a trust, and the District Judge correctly granted permission. However, it found that the plaint was not annexed with the application—a mandatory statutory requirement that the Court must examine. The appeal was disposed of, granting the appellants liberty to file a proper application within 30 days with the plaint duly attached."
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