would submit that if the allegation of breach of trust is not substantiated and it is found that they have not made out a case for any direction by the Court for proper administration of the trust, the very foundation of the suit under Section 92 of the Code of Civil Procedure, would fail and even other ingredients of the suit under Section 92 are made out, if it is clear that the proposed plaintiffs are not suing to vindicate the rights of the public/ beneficiaries but are seeking a declaration of their individual or personal rights or the individual or personal rights of any other person or persons in whom they are interested then the suit would be outside the scope of Section 92 of the Code of Civil Procedure. Relying upon the observations of the Hon’ble Supreme Court in Swami Paramatmanad's case, the learned counsel Mr.K.Hari Shankar, would invite this Court to go into the conduct of the proposed plaintiffs in the past to conclude that they are espousing their personal interest in the suit. I am afraid such a contention cannot be countenanced at this stage. No doubt, true in Vidyodaya Trust case, referred supra, also the Hon’ble Supreme Court has reiterated the position that it is found that the suit is for espousing the individual rights, the same cannot be held to be a suit within Section 92 of the Code of Civil Procedure. I have already extracted the prayers in the suit, none of the prayers appear to me to espouse the individual right of the plaintiff or any person in whom the plaintiffs are interested.
