Does a Civil Judge Have Jurisdiction to Entertain Suits Under Section 92 CPC or the Religious Endowment Act, 1863?

The Allahabad High Court has ruled that a Civil Judge does not have the jurisdiction to entertain a suit filed under Section 92 of the Code of Civil Procedure (CPC) or under the Religious Endowment Act, 1863. This ruling clarifies that such suits must be filed in the Principal Civil Court of original jurisdiction, typically the Court of the District Judge.

Justice Subhash Vidyarthi held that in Uttar Pradesh, suits under Section 92 CPC or Section 2 of the Religious Endowment Act, 1863 can only be filed before the Court of the District Judge. The District Judge has the authority to hear the case or transfer it to an Additional District Judge.

Case Background

In the case, the petitioners filed a suit before the Civil Judge (Senior Division) under Sections 91 and 92 of the CPC, seeking a declaration and perpetual injunction. They requested the constitution of an eleven-member committee to manage the Dhri Ram Janki Mandir. The trial court, however, dismissed the suit as non-maintainable, citing the absence of a trust deed and other procedural deficiencies.

High Court’s Judgment

The Allahabad High Court observed that the combined reading of Sections 92(1) and (2) of the CPC and relevant sections of the Religious Endowment Act shows that such suits are to be filed only for matters involving a breach of a trust created for public charitable or religious purposes. The Court reiterated that the Civil Judge did not have the authority to admit the case, as only the Principal Civil Court of original jurisdiction (i.e., the District Judge or an Additional District Judge) has jurisdiction over such matters.

The High Court referred to precedents, including Janki Prasad vs. Kuber Singh and Muhammad Ali Khan vs. Ahmad Ali Khan, which clarified that a District Judge acts as the principal civil court of original jurisdiction and has exclusive power in such cases. The Court ruled that the trial court had committed an error by dismissing the suit prematurely.

Consequently, the Allahabad High Court set aside the Civil Judge's order, allowing the petitioners to file a fresh suit before the District Judge.

Case Title: Jyantri Prasad And 9 Others v. Shri Ram Janki Lakshman Ji Virajman Mandir, Pratapgarh Thru. Ram Shiromani Pandey And 2 Others [MATTERS UNDER ARTICLE 227 No. - 4294 of 2024]