Madras High Court· 29 July 2026

Can a Court conduct a mini-trial while considering an application for leave under Section 92 of the Code of Civil Procedure, 1908?

Mrs.Lakshmi Murthy v. Andhra Mahila Sabha Trust

Coram: Justice A.D.Maria Clete

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Answer

No. The Court is not expected to conduct a mini-trial or to adjudicate disputed questions of fact, nor to examine the truth or correctness of the allegations in the plaint or evaluate the evidence the parties may adduce. The enquiry is confined to whether the plaint, on a meaningful reading, discloses a prima facie case within Section 92 — the existence of a public charitable or religious trust, allegations of breach of trust or the necessity for directions for the administration of the trust, and the reliefs contemplated under the provision.

Headnote

Code of Civil Procedure, 1908 — s.92 — s.92(1)(f) — Public charitable trust — Leave to institute suit — Scope of enquiry at the stage of granting leave — Prima facie case — Code of Civil Procedure, 1908 — s.92 — Leave is a condition precedent, not an adjudication — Held: Grant of leave under Section 92 is only a condition precedent to the institution of a suit and does not amount to an adjudication on the merits of the disputes raised. It is not a determination of the parties' rights. (¶8, 9) Code of Civil Procedure, 1908 — s.92 — No mini-trial at the stage of granting leave — Held further: The Court is not expected to conduct a mini-trial or adjudicate disputed questions of fact. The enquiry is confined to whether the plaint, on a meaningful reading, discloses a prima facie case within Section 92, and leave ought then to be granted. (¶11, 12) Code of Civil Procedure, 1908 — s.92 — Interest of the applicants need not be proprietary — Held further: The interest contemplated under Section 92 need not be direct or proprietary; a real, substantial and bona fide interest in the proper administration of the public trust suffices. Allegations not frivolous, vexatious or illusory furnish a sufficient basis for leave. Application allowed. (¶14, 18)

In the Court's own words

Paragraph 11It is well settled that, when considering an application under Section 92 of the Code of Civil Procedure, the Court is not expected to conduct a mini-trial or adjudicate disputed questions of fact. The Court is not required to examine the truth, Page No.10 of 25 correctness or otherwise of the allegations in the plaint, nor is it expected to evaluate the evidence that the parties may ultimately adduce. The enquiry is confined to ascertaining whether the plaint, on a meaningful reading, discloses a prima facie case within the ambit of Section 92 of the Code of Civil Procedure, namely, the existence of a public charitable or religious trust, allegations of breach of trust or the necessity for directions for the administration of the trust, and the reliefs contemplated under the said provision.

Paragraph 12Therefore, at this preliminary stage, the applicants are not required to establish the allegations in the plaint conclusively. The truth or otherwise of those allegations, as well as the rival contentions raised by the respondents, are matters to be adjudicated upon only after a full-fledged trial based on pleadings and evidence. If the plaint, on its face, satisfies the statutory requirements of Section 92 of the Code of Civil Procedure and discloses a prima facie cause for invoking the Court’s jurisdiction, leave ought to be granted, leaving all disputed questions to be decided at the appropriate stage of the suit.

Paragraph 13The essential requirements for granting leave under Section 92 of the Code of Civil Procedure are as follows: Page No.11 of 25

Acts & Sections

s.92 Code of Civil Procedure, 1908s.92(1)(f) Code of Civil Procedure, 1908s.92(1) Code of Civil Procedure, 1908Societies Registration Act

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Also decided in this judgment

Must an applicant seeking leave under Section 92 of the Code of Civil Procedure, 1908 show a direct or proprietary interest in the trust?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections