Section 92 CPC scheme decree bars fresh suit asserting hereditary mosque administration rights

A scheme decree framed under Section 92 CPC was treated as binding on all persons, including those not party to the scheme suit, and as barring any private claim inconsistent with it. A person claiming hereditary rights to control and superintendence of a mosque could not maintain a fresh suit to assert those rights without first setting aside or displacing the scheme. The alleged hereditary claim therefore could not be examined on merits, and the dismissal of the suit was sustained.

---

---

Issues: Whether a person claiming hereditary rights to control and superintendence of a mosque can maintain a suit to assert those rights after a scheme framed under Section 92 of the Code of Civil Procedure has been decreed and upheld.

Analysis: A scheme decree under Section 92 was treated as binding on all persons, whether or not they were parties to the scheme suit, and as operating to bar private claims that would conflict with or attack the scheme. The prior decision on the effect of such a scheme was followed as settled authority, and the Court held that a person asserting an alleged hereditary right could not reopen the matter by a fresh suit without first displacing the scheme. The appellant's claim therefore could not be examined on merits in the present proceedings.

Conclusion: The suit was not maintainable to assert the claimed rights against the scheme decree, and the dismissal by the court below was in principle and sustained.

---