CPCPublic trustSupreme Court of India

Raje Anandrao v Shamrao

AIR 1961 SC 120619611 min read
The case in brief30-second read
Facts
A S.92 scheme can be modified under its own terms without a new suit.
Held
A scheme for a public trust framed in a S.92 CPC suit may include a clause allowing it to be modified on application when needed.
Principle
A scheme framed in a S.92 CPC suit may provide for its own modification on application; such a modification for the trust's administration needs no fresh S.92 suit, but must not affect the private rights of persons who were not parties.
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Held

  • A scheme for a public trust framed in a S.92 CPC suit may include a clause allowing it to be modified on application when needed.
  • A modification made for the administration of the trust does not need a fresh S.92 suit and is not an amendment of the decree.
  • A S.92 suit is representative and binds everyone interested in the trust, but the private rights of non-parties must not be affected.
  • The revised scheme was restored, subject to safeguards.

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Citation

Raje Anandrao v Shamrao AIR 1961 SC 1206

Reported: https://indiankanoon.org/doc/858595/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.