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Leave Of Court Mandatory To File Suit Under Section 92 CPC, Cannot Be Rectified Later: Jammu & Kashmir High Court

25 Dec 2024 3 min read
Leave Of Court Mandatory To File Suit Under Section 92 CPC, Cannot Be Rectified Later: Jammu & Kashmir High Court

In a significant ruling by the High Court of Jammu and Kashmir, Section 92 of the Code of Civil Procedure (CPC) has been interpreted in the context of the institution of a suit concerning public charitable trusts. The judgment addresses whether a suit filed under this special provision can be admitted without obtaining the court's leave in advance. The court's decision emphasized the mandatory nature of this requirement under Section…

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