Madras High Court· 29 July 2026

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

Mrs.Lakshmi Murthy v. Andhra Mahila Sabha Trust

Coram: Justice A.D.Maria Clete

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Answer

No. The interest contemplated under Section 92 need not necessarily be direct or proprietary; a real, substantive and genuine interest in the proper administration of the public trust is sufficient. Here the first applicant's life membership of the Society and her past service as Joint Secretary and later Secretary of the Administrative Committee, and the second applicant's sustained association with the Society's charitable programmes, prima facie disclosed a real, substantial and bona fide interest.

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

Paragraph 14In the present case, the first requirement is plainly satisfied: it is not in dispute that the first respondent is a public charitable trust. As regards the second requirement, the applicants’ interest is disputed by the contesting respondents, who describe them as strangers acting at the behest of undisclosed commercial interests. However, the pleaded facts noticed earlier, the first applicant’s life membership of the second respondent Society and her past service as Joint Secretary and, later, Secretary of the Administrative Committee of Dr.Durgabai Deshmukh General Hospital and Research Centre, and the second applicant’s sustained association with Page No.12 of 25 the Society’s charitable programmes through the Chennai Downtown chapter of Soroptimist International, disclose, prima facie, a real, substantial and bona fide interest in the proper administration of the Trust. The third and fourth requirements are considered in the discussion that follows.

Paragraph 27Both sides relied on a catena of citations. The learned counsel appearing for the first respondent relied on the following decisions in support of the contention that Page No.18 of 25 leave under Section 92 of the Code of Civil Procedure ought not to be granted. The applicability of each decision is considered.

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

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

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