Public Trusts and Applicability of S.92 of Code of Civil Procedure, 1908

Public Trusts and Applicability of S.92 of Code of Civil Procedure, 1908

It has been held in Shishir Bajaj v. India Youth Centres Trust [2010] GCtR 6520 (Delhi) that "it is apparent that S.92 of Code of Civil Procedure, 1908 deals with suits in respect of public trusts. In order for S.92 apply, the following conditions must be satisfied: 1. There should be a trust created for public purposes of charitable or religious nature. 2. There is an alleged breach of such trust, or the direction of the Court is necessary for the administration of such trust. 3. The suit is instituted in accordance with the procedure and by the persons mentioned in the Section. 4. The suit is representative in character, instituted on behalf of the public, for a vindication of the public interest and not merely a private interest. It is filed by the Advocate General or by two or more persons having an interest in the trust and having obtained the leave of the Court." (page 14)