Public charitable trust administration under CPC Section 92 remains within civil court jurisdiction despite a corporate trustee.

Section 92 of the Code of Civil Procedure, 1908 applies to a public charitable trust even where the managing trustee or body is a company registered under the Indian Companies Act. The provision covers reliefs such as framing a scheme and other measures for trust protection and administration. Company law remedies are confined to members' private rights and do not exclude civil court jurisdiction over allegations of breach of trust or requests for proper administration. A company acting as trustee is treated no differently from an individual trustee for this purpose, so the civil court remains competent and the company court is not the exclusive forum.

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Issues: Whether a suit under section 92 of the Code of Civil Procedure, 1908 lay for framing a scheme and other reliefs in relation to a public charitable trust when the managing body was registered under the Indian Companies Act, and whether the company court alone had jurisdiction.

Analysis: Section 92 of the Code of Civil Procedure, 1908 confers jurisdiction in matters concerning public and religious charities for protection of the trust and for reliefs such as framing a scheme. The remedy under the company law provisions relied upon is confined to members of the association and concerns their private rights in cases of mismanagement. The fact that the trustee or managing body is a company registered under section 26 of the Indian Companies Act, 1913 does not exclude the application of section 92 where the beneficiaries complain of breach of trust or seek directions for proper administration. There is no distinction in this context between a trustee who is an individual and a trustee who is a company formed to execute the trust.

Conclusion: The suit under section 92 was maintainable and the civil court had jurisdiction; the company court was not the exclusive forum.

Ratio Decidendi: Where a public charitable trust is involved, section 92 of the Code of Civil Procedure, 1908 applies notwithstanding that the managing trustee is a company, and company law remedies do not oust the civil court's jurisdiction for trust administration reliefs.

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