Sukhani Radha Chandan Charitable Trust and Anr. v. Sanjay Kumar Sukhani
Case brief
What is this about?
Keywords: Section 92 Code of Civil Procedure; leave under Section 92; suit by charitable trust in its own name; declaration of title against third party; permanent injunction; rejection of plaint as barred by law; plaint rejected for want of Section 92 leave; City Civil Court at Calcutta, Twelfth Bench; Title Suit No. 91 of 2021; judgment and deemed decree dated January 29, 2025; FAT 197 of 2025; CAN 1 of 2025; First Appeal allowed on contest; setting aside rejection of plaint; remanded for trial on merits; Sukhani Radha Chandan Charitable Trust; Sanjay Kumar Sukhani; Sabyasachi Bhattacharyya, J.; Uday Kumar, J.
What did the court decide?
Appeal allowed on contest; impugned judgment and deemed decree dated January 29, 2025 set aside; suit remanded to the learned Trial Judge for hearing on merits; no order as to costs; CAN 1 of 2025 disposed of accordingly.