The Punjab and Haryana High Court, in CR No. 8797 of 2016 (Kamlesh Gupta v. Dr. Sham Lal and others), decided on 18.01.2025, allowed a civil revision and set aside the trial court’s order allowing impleadment of a party under Order I Rule 10 of the Code of Civil Procedure in a suit filed under Section 92 CPC relating to a charitable trust.
Background
The underlying suit was filed under Section 92 of the Code of Civil Procedure, 1908, which provides a special procedure for suits concerning public charities and trusts. During the pendency of the suit, an application was filed for impleadment of an additional party under Order I Rule 10 CPC. The trial court allowed the impleadment. The petitioner challenged this order by way of a civil revision before the High Court.
The Court’s Analysis
The High Court examined the scope of impleadment in suits filed under Section 92 CPC. The Court noted that Section 92 suits have a distinct character. They can only be instituted with the consent of the Advocate General (or the Collector in certain states), and the parties to such suits are circumscribed by the nature of the relief sought. The Court held that the trial court erred in allowing the impleadment without due regard to the special nature of the proceedings under Section 92 CPC and the requirements that govern the addition of parties in such suits.
Key Principles
The judgment underscores that impleadment applications in Section 92 CPC suits must be scrutinized with particular care. The special procedure prescribed under Section 92 reflects the legislative intent to regulate litigation concerning public trusts, and the trial court cannot permit the addition of parties in a manner that is inconsistent with this regulatory framework. The power under Order I Rule 10 CPC, while broad in ordinary suits, must be exercised with restraint in the context of Section 92 proceedings.
The Order
The civil revision was allowed. The trial court’s order permitting impleadment under Order I Rule 10 CPC was set aside.
Mrs. Munisha Gandhi, Senior Advocate, assisted by Ms. Salina Chalana, Advocate, appeared for the Petitioner, i.e., Mr. Kamlesh Gupta.