NINAD P.

SHAH
ADVOCATE -HIGH COURT OF GUJARAT

Civil Procedure Code, 1908 : Case Laws

Sr. No. Topic Citation Particulars

221 S-89 (2015) 16 SCC When parties agree to reference a

arbitration 143 dispute and difference to arbitration in a
additional pending suit, inclusion of additional
issues issues in arbitration that were not part of
the list in the civil suit is permissible.

222 S-89 (2018) 4 SCC 793 Reference of dispute for arbitration in the
Requiremen absence of a written memo / joint
t application, not permissible even when
the counsel consent to the same.
For reference of the parties to the
arbitrator, oral consent given by the
counsel without a written memo of
instructions does not fulfill the
requirement under S-89.

223 S-91 AIR 2008 MP 324, S-91(1) of the CPC is not exhaustive of
Public 327 (FB) the remedies that are available to a party
nuisances even in case of a public nuisance or other
and other wrongful act affecting or likely to affect
wrongful act the public.
affecting the
public

224 S-92 (2009) 17 SCC 99 Any action which according to members

Public of a trust is illegal can be subject matter
Charities of challenge before appropriate forum.
Nature and
Scope

225 S-92 (2003) 11 SCC Suit under S-92 is fundamentally on

Public 377 behalf of the entire body of persons who
Charities are interested in the trust.
Nature and It is for vindication of public rights.
Scope Beneficiaries of trust may choose two or
more persons amongst them for filling of
the suit. the suit title will show only their
names.
it will be a representative suit, which will
not only bind the parties but all those
who share common interest and are
interested in the trust.
Constructive res judicata will come into
play against the entire body of the

Email ID – adv.ninad.shah@gmail.com
 NINAD P. SHAH
ADVOCATE -HIGH COURT OF GUJARAT

interested person, re-agitating not

permissible, barred.

226 Trust (2017) 4 SCC 771 Trust can be created by virtue of a

Conditional conditional gift. If leave granted by trial
gift court by forming prima facie opinion
Revision about creation of trust, having regard to
power under charitable purpose for which property is
S-115 of HC gifted and recitals in deed regarding
administration of property, high court in
exercise of revisional power under S-115
CPC not justified on setting aside trial
courts order.

227 S-92 (2008) 4 SCC 115 S-92 applies when relief claimed under
Extent and S-92(1) is in representative capacity for
applicability vindication of public rights. not for
settling private or personal disputes.

228 S-92 (2003) 5 SCC 46 S-92 applies when a public trust is

Extent and created.
applicability

229 S-92 (2012) 1 SCC 369 A suit will lie under S-92 where two or
Maintainabil more persons having interest in the trust
ity created for public purpose or for
directions of court for administration of
the trust.

230 S-92 (1975) 1 SCC 298 The maintainability of the suit under s-92
Maintainabil depends upon the allegations in the
ity plaint and does not fall for decision with
reference to the averments in the WS

Email ID – adv.ninad.shah@gmail.com