'Civil Judge' Cannot Entertain Suit U/S 92 CPC Or Section 2 Of Religious Endowments Act; Only District Judge Can: Allahabad HC
|The Allahabad High Court observed that a Civil Judge is not the Principal Civil Court of original jurisdiction and has no jurisdiction to entertain a suit under Section 92 of the Code of Civil Procedure or Section 2 of the Religious Endowments Act, 1863.
The Court said that the Court of the District Judge is the Principal Court in the District and it has original jurisdiction.
The Court was hearing a Petition under Article 227 of the Indian Constitution, where the Petitioners challenged an order by the Civil Judge under Sections 91 and 92 for a declaration and perpetual injunction. The trial Court dismissed the case at the admission stage on the ground that no trust deed was submitted, and there were no details about who the trust or manager is, nor were any trust rules or bylaws presented, making it ineligible under Section 92 CPC.
The bench of Justice Subhash Vidyarthi observed, “A Civil Judge is not the Principal Civil Court of original jurisdiction and has no jurisdiction to entertain a suit under Section 92 C.P.C. or Section 2 of the Religious Endowments Act, 1863 as ‘the Principal Civil Court of original jurisdiction’.”
Advocate Saurabh Srivastava appeared for the Appellant.
The Court mentioned the decision in Janki Prasad v. Kuber Singh and quoted, “The mere absence of a written document or mere absence of the entries is not a conclusive proof of the non-existence of a trust. A valid trust may be created not only by means of a written document but also orally but what is required in the case of oral trust is that the property must have been treated to be an endowed property and it must have been used towards charitable and religious purposes for which the trust was created.”
“The Court cannot refuse to admit the suit only because of the absence of a trust-deed.”, the Court said..
“Therefore, the Court of District Judge is the Principal Civil Court of original jurisdiction. Judicial powers of an Additional District Judge are the same as that of a District Judge and, therefore, the District Judge can transfer a suit filed before him in the capacity of ‘the Principal Civil Court of original jurisdiction’ to an Additional District Judge.”, the Court noted.
“Apart from ‘the Principal Civil Court of original jurisdiction’ a suit under Section 92 C.P.C. and Section 2 of the Religious Endowments Act, 1863 can also be filed ‘in any other Court empowered in that behalf by the State Government.” the Court added further.
Therefore, the Court said that a Suit under Section 92 C.P.C. and Section 2 of the Religious Endowments Act, 1863 in the State of Uttar Pradesh can only be filed in the Court of the Principal Civil Court of original jurisdiction, that is the Court of the District Judge, and not in any other Court. The District Judge can decide the Suit himself or he may transfer it to an Additional District Judge.
Accordingly, the Court allowed the Petition.
Cause Title: Jyantri Prasad And 9 Others v. Shri Ram Janki Lakshman Ji Virajman (Neutral Citation: 2024:AHC-LKO:66071)
Appearance:
Appellant: Advocates Saurabh Srivastava and Girish Chandra Sinha