Is a suit against a public charity instituted without the leave of the Court required by Section 92 of the Code maintainable?

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)