LEGAL LEARNING | SECTION 92 CPC
Supreme Court Clarifies: Leave of Court Is Mandatory Before Proceedings Under Section 92 CPC
In S. Panchalingu v. People’s Education Trust (R), the Supreme Court clarified the legal position concerning suits relating to public trusts under Section 92 of the Code of Civil Procedure, 1908.
The Court held that prior leave of the Court is a mandatory requirement for institution of a suit under Section 92 CPC.
Accordingly:
• A Court cannot ordinarily entertain interim applications before leave under Section 92 is granted.
• A receiver cannot ordinarily be appointed before the grant of such leave.
• The inherent powers under Section 151 CPC cannot be used to bypass the mandatory requirement of Section 92.
• In cases of compelling urgency, where immediate intervention is necessary to prevent irreparable loss or injury to public charitable property, the Court may grant leave ex parte, subject to appropriate safeguards.
The judgment reinforces the principle that special statutory requirements must be complied with before general procedural or inherent powers can be exercised.
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