Section 92 CPC applies only to a subsisting public trust, not disputes centred on a society or private grievances.

Section 92 CPC applies only to a subsisting public charitable or religious trust, with reliefs falling within the section and plaintiffs having a genuine interest in that trust. The document notes that the first defendant was a registered society, the limited construction trust had already been dissolved, and the plaintiffs' claims were intertwined with personal employment grievances rather than trust administration. It also states that Section 5 of the Societies Registration Act, 1860 does not convert a society's governing body into trustees for Section 92 purposes. Leave to sue was therefore rightly refused, and the suit was not maintainable.

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Issues: Whether the plaintiffs were entitled to leave to institute a suit under Section 92 of the Code of Civil Procedure, 1908, and whether the suit was maintainable.

Analysis: A suit under Section 92 lies only where there is a public charitable or religious trust, the reliefs claimed fall within the section, and the plaintiffs are persons having an interest in the trust. The pleadings showed that the first defendant was a registered society, while the trust created for the limited purpose of construction had already been dissolved. The first plaintiff's claim was also found to be intertwined with his personal employment grievances, and the second plaintiff's allegations were of the same character. The requirements of a subsisting trust and of interest in the trust were therefore not satisfied. Section 5 of the Societies Registration Act, 1860 did not convert the governing body of the society into trustees for the purpose of Section 92.

Conclusion: Leave to sue under Section 92 was rightly refused and the suit was not maintainable.

Ratio Decidendi: Section 92 applies only to a subsisting public charitable or religious trust and only where the plaintiffs are persons genuinely interested in that trust, not where the dispute is essentially a challenge to a society's management or a vehicle for private grievances.

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