Public wakf administration suit held barred where representative reliefs required prior consent under Section 92 CPC.

A suit concerning a public wakf for Shia religious purposes was treated as falling within Section 92 CPC because it was brought in a representative capacity and sought reliefs aimed at controlling trust administration and preventing diversion of trust income to secular uses. Those reliefs were treated as including the residuary category of further or other reliefs, so prior consent was required and its absence was fatal. Because Section 92 applied, Section 73(2) of the Bengal Waqfs Act also operated as an additional bar. The suit was therefore barred and not maintainable.

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Issues: Whether the suit, as framed, was maintainable without the requisite consent and whether it was barred by Section 92 of the Code of Civil Procedure and Section 73(2) of the Bengal Waqfs Act.

Analysis: The plaint disclosed a public wakf intended for religious purposes connected with the Shia community, and the suit was brought in a representative capacity. The reliefs sought were not merely declaratory in form but were aimed at controlling the administration of the trust and preventing alleged diversion of trust income to secular uses. Such reliefs were held to fall within the scope of Section 92 of the Code of Civil Procedure, including the residuary class of further or other reliefs, and the absence of prior consent was fatal. Since the suit was one to which Section 92 applied, the additional bar under Section 73(2) of the Bengal Waqfs Act also operated.

Conclusion: The suit was barred and not maintainable; the appellants failed on the preliminary objections.

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