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Supreme Court of India· 18 September 2026

Does Section 141 of the Code, which applies only to procedural rights, override the substantive safeguards under Section 92?

S.PANCHALINGU & ORS v. PEOPLE’S EDUCATION TRUST (R)
2026 INSC 1010
Coram: Justice Manoj Misra · Justice Manmohan
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Answer

Section 141 of the Code applies only to procedural rights and does not override the substantive safeguards under Section 92.

No. Section 141 of the Code applies only to procedural rights and does not override the substantive safeguards under Section 92. The safeguards under Section 92, including the requirement of leave, affect the substantive rights of the parties and cannot be altered by invoking Section 141 or the Court's inherent power under Section 151.

Headnote

Code of Civil Procedure, 1908 — s.92 — s.94 — s.141 — s.151 — Order XL Rule 1 — Suits against Public Charities — Leave of Court — Interim orders — Code of Civil Procedure, 1908 — s.92 — Interim orders pending leave — Held: A Civil Court seized of a leave application under Section 92 is not empowered to pass protective or preservatory interim orders pending its disposal. Appointing a receiver at that stage is intrusive, not preservatory, and defeats the purpose of the leave requirement. (¶53, 60) Code of Civil Procedure, 1908 — s.92 — Leave as pre-condition — Held further: A suit against a public charity instituted without the leave of the Court required by Section 92 is not maintainable. Leave is peremptory and non-derogable, and until it is granted there is no lis before the Court. (¶31, 43) Code of Civil Procedure, 1908 — s.141 — s.92 — Procedural v substantive rights — Held further: Section 141 of the Code applies only to procedural rights and does not override the substantive safeguards under Section 92. These safeguards affect substantive rights and cannot be overridden by the Court's inherent power under Section 151. (¶42, 47) Code of Civil Procedure, 1908 — s.92 — Notice before grant of leave — Held further: Notice to proposed defendants prior to grant of leave under Section 92 can be dispensed with where facts disclose the necessity of urgent relief. Courts must exercise utmost care, caution and circumspection in granting leave ex parte; appeals dismissed with this clarification. (¶57, 60, 61)

Headnote

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In the Court's own words
Paragraph 42Further, Section 141 only makes the procedure contained in the Code applicable to miscellaneous proceedings as far as it can be made applicable. A Full Bench of Kerala High Court in Thresia vs. Xavier, 1976 SCC OnLine Ker 23 has held that Section 141 of the Code does not apply to provisions relating to substantive rights and applies only to procedural rights. This Court is in agreement with the view taken by the Kerala High Court.
Paragraph 44Consequently, this Court is of the view that the safeguards enshrined in Section 92 of the Code, as well as the appointment of receiver are not mere procedural steps, but constitute and affect the substantive rights of the parties.
Paragraph 47Accordingly, this Court is of the opinion that Section 141 of the Code cannot be invoked to alter or override the substantive rights and safeguards vested in the parties.
Acts & Sections
s.92 Code of Civil Procedure, 1908s.94 Code of Civil Procedure, 1908s.141 Code of Civil Procedure, 1908s.151 Code of Civil Procedure, 1908Order XL Rule 1 Code of Civil Procedure, 1908

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Also decided in this judgment
Is a Civil Court seized of a leave application under Section 92 of the Code empowered to pass protective or preservatory interim orders pending its disposal?Is a suit against a public charity instituted without the leave of the Court required by Section 92 of the Code maintainable?Can notice to proposed defendants prior to grant of leave under Section 92 of the Code be dispensed with where facts disclose the necessity of urgent relief?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections