Section 92 CPC leave not required for a trust's injunction suit against a third party protecting trust property.

A public charitable trust suing a third party for a permanent injunction need not obtain leave under Section 92 of the Code of Civil Procedure. Section 92 is confined to suits concerning the internal administration of a public trust, including removal or appointment of trustees, accounts, directions, settlement of a scheme, and related reliefs. Its residuary clause operates only in support of those enumerated remedies and does not create a separate category for ordinary suits against outsiders. A suit filed in the normal course to protect or preserve trust property against a third party therefore falls outside Section 92.

---

---

Issues: Whether a public charitable trust suing a third party for a permanent injunction is required to obtain leave under Section 92 of the Code of Civil Procedure, 1908.

Analysis: Section 92 applies to suits concerning the internal administration of a public charitable or religious trust, such as removal or appointment of trustees, vesting of trust property, accounts, directions, settlement of scheme, and other reliefs connected with those matters. The residuary clause in Section 92(1)(h) operates only in aid of the substantive reliefs enumerated in clauses (a) to (g) and does not create an independent category for ordinary suits by a trust against outsiders. A suit filed by a trust in the normal course to protect or preserve its property against a third party is therefore outside the ambit of Section 92.

Conclusion: Leave under Section 92 was not required for the trust's suit against the third party, and the challenge to the trial court's order fails.

---