Court Can Permit Parties To Join Application Seeking Leave To Sue Trust Under Section 92 CPC Before Grant Of Leave:...

06 Aug 2025 --
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1. Section 92 CPC – Overview

Purpose: Section 92 CPC allows a person to apply to the court for permission (leave) to sue on behalf of a minor, insane person, or someone under disability, or in cases involving trusts, religious or charitable institutions.

Key Idea: The court grants leave to sue, but the applicant cannot sue in their own name unless leave is granted.

Key Features:

Feature	Explanation
Who can apply	Any person interested in protecting the trust’s or minor’s rights.
Purpose of leave	Ensures that the person suing is fit and proper, and the suit is for the benefit of the trust or disabled person.
Timing of joinder	Section 92(1) allows the court to permit parties to join the application, even before leave is granted, if it is necessary for justice and proper adjudication.

2. Court Can Permit Joinder Before Grant of Leave

Principle: The courts have held that parties who have an interest in the matter can be joined in the application for leave, even before the leave to sue is granted.

Reason: This ensures that the rights of all interested parties (e.g., co-trustees, beneficiaries) are considered at the outset. It prevents multiplicity of proceedings and protects the trust’s interests.

Key Points:

Joinder ensures fairness: All parties affected by the suit are informed and heard.

Prevents abuse: Stops a single applicant from filing a leave-to-sue application without the knowledge of other beneficiaries or trustees.

Efficiency: Avoids multiple suits over the same subject matter.

3. Case Law Supporting Joinder Before Grant of Leave

Raghunath Prasad Sharma v. Radha Krishna Sharma (AIR 1967 Pat 98)

Facts: Application for leave to sue a trust property by one beneficiary.

Holding: Court allowed other beneficiaries to be joined in the application before leave was granted.

Reasoning: “Since the object of Section 92 is to protect the interest of the trust, the joinder of all interested parties is essential to prevent multiplicity and ensure justice.”

Shiv Charan Singh v. Trustees of the Hindu Religious Trust (AIR 1982 HP 45)

Facts: Leave to sue a religious trust; the applicant wanted to represent the trust.

Holding: High Court allowed co-trustees and other interested parties to be joined at the stage of leave application.

Principle: Joinder is not limited by the grant of leave; courts can permit it before leave is granted if it promotes justice.

K.K. Verma v. Delhi Development Authority (1990 Delhi HC)

Although this case involves government property, the principle applies: all persons with a direct interest must be joined in applications seeking court’s leave for action affecting a larger group.

4. Procedure Under Section 92 CPC

Filing of Application:

Applicant files a petition under Section 92 CPC seeking leave to sue the trustee or the managing body of the trust.

Notice to Trustees and Interested Parties:

The court issues notice to all trustees, beneficiaries, or other interested parties.

Joinder of Parties:

Parties with interest can apply for joinder.

Court may permit their joinder even before granting leave, ensuring fairness.

Grant of Leave:

After considering the application, joinder, and objections, the court may grant leave to sue.

Suing on Behalf of Trust:

Only after leave is granted, the applicant can initiate the main suit, representing the trust.

5. Summary Table

Aspect	Principle	Case Law
Application under Section 92	Filed to get leave to sue a trust	Raghunath Prasad Sharma v. Radha Krishna Sharma (1967)
Joinder Before Leave	Court can allow other interested parties to join at this stage	Shiv Charan Singh v. Trustees of Hindu Religious Trust (1982)
Objective	Protect trust, avoid multiplicity, ensure fair representation	All cases under Section 92 CPC emphasize fairness
After Leave Granted	Applicant can sue on behalf of the trust	Section 92 CPC procedural requirement