R. N. RAY, J. Being aggrieved by the judgment and order passed by Sri J. C. Misra, learned District Judge, Mathura on 6-5-1994 in Misc. Case No. 234 of 1993 under Section 92 of the C. RC. This appeal was preferred alongwith the application for condonation of delay under Section 5 of the Limitation Act. The said delay con donation application was allowed on 1-5-96 by Hon. R. B. Mehrotra, J. Thereafter, it was listed for admission and hearing and also hearing regarding stay. 2. Heard the learned Counsel for the applicant, who appeared in person and argued at length and also the learned coun sel for the opposite parties relating to ad mission and also stay-matter. It was sub mitted by both the parties that at the stage of the admission-hearing, this appeal may be finally disposed of, on merits and they are ready to advance arguments to that effect and actually they had advanced the arguments to that effect. 3. Misc. Case No. 234 of 1993 arise out of an application for leave to institute the suit under Section 92, C. P. C. , which has been instituted by Lord Shree Krishna through plaintiff Nos. 2 and 3, namely, Pt. Manohar Lal Sharma, Advocate and Sri Ram Deo Verma against Sri Vamdeo Ji Maharaj and five others. The defendant No. 1 Sri Vamdeo Ji Maharaj has been described as Chairman, Acharya Sri Girraj Kishore, defendant No. 2, as Managing Trustee, Sri Vishnu Hari Dalmiya, defen dant No. 3 as Joint Managing Trustee, Sri Suresh Krishna Chandra Bhargava defen dant No. 4, as Secretary, defendant No. 5 Shri Krishna Janam Sthan Sewa Sangh (Shree Krishna Janam Sthan Sewa Sansthan) and all other present members of the Society of Shri Krishna Janam Sthan Sewa Sangh. The plaintiffs case as made out in this application under Section 92 of the C. P. C. is that Raja Patni Mal was owner of the compound locally called "katra Keshav Deo". The entire property of Katra Keshav Deo was sold by the heirs of Raja Patni Mal to Sarvan Pt. Mahamana Madan Mohan Malviya, Goswami Ganesh Dutt and Bhiken Lal Ji Atrey for Rs. 13,400/- by a registered deed on 8-2-1944. The finan cial assistance for the purchase of the property was provided by Seth Jugal Kishore Birla. 4. On 9-7-1944 a private meeting was held by Pt. Mahamana Madan Mohan Malviya, Goswami Ganesh Dutt and Bhiken Lal Ji Atrey for Rs. 13,400/- by a registered deed on 8-2-1944. The finan cial assistance for the purchase of the property was provided by Seth Jugal Kishore Birla. 4. On 9-7-1944 a private meeting was held by Pt. Mahamana Madan Mohan Malviya on the Chairmanship of Jugal Kishore Birla, who unanimously resolved to construct a big temple of Lord Shree Krishna by collection of public funds. However, before the resolution could be implemented, Pt. Mahamana Madan Mohan Malviya expired. Then Sri Jugal Kishore Birla created a Public Trust on 21-2- 1951 and got it registered on 9-3-1951 with the following objects:- A. Name of trust will be "shree Krishna Janam Bhumi Trust". B. Main object of the trust is after renova tion of Katra Keshav Deo to construct Shree Krishna Temple on that place and to propagate His "geetopdesh" not only in India but in the entire world. C. Sri Birla then appointed fifteen persons as trustees with the conditions that:- (a) The number of trustees will be be tween 11 to 21. (b) The then trustees will appoint other trustees per requirements. (c) There will be one trustee from Birla family permanently, and only Birla-Familys member will replace the family-members as trustee, as and when fallen vacant. (d) Except Birla-familys members, all other trustees will be appointed by Trust-Com mittee. 5. In the Trust deed, it is embodied that the Trust Committee will be respon sible to perform main object of the trust as well as their management, of the trust property. It had been alleged in the ap plication under Section 92, C. P. C. that the trustees committed breach of object of the trust by entering into compromise in suit No. 43 of 1964 and, therefore, the entire body of trustees is liable to be removed. On these allegations, the plaintiffs prayed for the removal of defendant Nos. 1 to 6 from the trustee-ship and further for declara tion that the defendants are unfit, due to breach of trust and further to appoint fit and suitable persons in accordance with the terms of the trust deed and further to direct the defendants to furnish accounts of the trust-properties and to direct the entire assets of the trust to transfer to new trustees. 6. 6. The defendant No. 4 Suresh Krish na Chandra Bhargava filed objection against the application for granting leave under Section 92, C. P. C. wherein all the allegations were denied and inter alia it was contended that the plaintiff No. 1 has been improperly impleaded and the plaintiffs had no right to sue on behalf Lord Krishna. The defendant No. 4 has been improperly described as Secretary of Shree Krishna Janam Sthan Sewa Sangh through he is Secretary of Shree Krishna Janam Sthan Sewa Sansthan, the trustees of Sri Krishna Janam Bhumi Trust in which all the properties of Katra Keshav Deo have been vested, have not been impleaded, defen dant Nos. 1,2 and 4 are not the trustees of Shree Krishna Janam Bhumi Trust nor they are members of Shree Krishna Janam Sthan Sewa Sansthan. The defendant No. 2 Acharya Girraj Kishore is neither manag ing trustee, nor trustee of Shree Krishna Janam Bhumi Trust and as such, he prayed for rejection of that application with costs, 7. Defendant No. 3 Sri Vishnu Hari Dalmiyan filed written reply to the ap plication for grant of leave to institute the suit, asserting that the trustees committed no breach of the trust, nor they are legally unfit to carry on the functions of the trust. The plaintiffs 2 and 3 are not entitled to represent the plaintiff No. 1 Lord Krishna. The parties filed documents in support of their respective contentions. 8. There is no dispute that late Jugal Kishore Birla and others created a trust on 21-2-1951 and appointed following dig nitaries : (1) Sri Ganesh Vasdeo Mavlankar, (2) Sri Kanhaiya Lal Maniklal Munshi, (3) Sri Narhari Vishnu Godgil, (4) Sri Dwarka Prasad Mishra, (5) Sri Govind Malviya, (6) Sri Bhiken Lal Antreya, (7) Sri Goswami Ganesh Dutt, (8) Sri Jugal Kishore Birla, (9) Sri Byogi Hari, (10) Sri Janardan Bhatt, (11) Sri Prabhu Dayal Himmat Singh, (12) Sri Swami Akhandanand Saraswati, (13) Sri Dwarka Nath, Advocate, (14) Sri Brij Lal Burman, and (15) Sri Bhavwan Das Bhargava, as trus tees. The Board of trustees were em powered to appoint President, Vice-President, Secretary, Joint Secretary and Cashier for proper management of the trust. The object of the trust was as fol lows:- (1) To construct a big temple over Shree Krishna Janam Bhumi and other building and to manage them. (2) To arrange Katha, Keertan, Lectures etc. The Board of trustees were em powered to appoint President, Vice-President, Secretary, Joint Secretary and Cashier for proper management of the trust. The object of the trust was as fol lows:- (1) To construct a big temple over Shree Krishna Janam Bhumi and other building and to manage them. (2) To arrange Katha, Keertan, Lectures etc. (3) To establish institutions and libraries for promotion and publishing religious litera ture. (4) To help religious and culture institutions. (5) To provide scholarship to needy stu dents. The entire property of Katra Keshav Deo (Shree Krishna Bhumi) measuring 13. 37 acres vested in the trust. Thereafter, the aforesaid trustees including Ganesh Vasdeo Mavalanker and Kanhaiya Lal Manik Lal Munshi and two more dignities Sri M. Anant Deva Regar and Narhari Vishnu Godgil constituted an institution and named it as "shree Krishna Janam Sthan Sewa Sangh". The object of the Sewa Sangh was to construct building in the memory of Lord Krishna over Shree Krishna Janam Bhumi, open libraries, ar range religious discourses and to provide financial and to religious and cultural or ganisations, to help needy students and to encourage research on Brij Literature Art and Culture, to establish Gynasium and to encourage protection and maintenance of cows. It was also contemplated to have a building in the memory of Lord Krishna. The memorandum of Sewa Sangh got registered by the Asstt, Registrar, Chit Funds, Firms and Societies, Agra Region under Societies Registration Act, 1860. In 1977, Sewa Sangh framed its rules and got it registered on 23-9-1977. It was a case of the plaintiffs that on account of the prohibition imposed by the Government, the name of Sewa Sangh was substituted by "shree Krishna Janam Sthan Sewa Sansthan". It is the further case of the defendants that Shree Krishna Janam Bhumi Trust and Shree Krishna Janam Sthan Sewa Sansthan are two independent bodies and Sewa Sansthan is not em powered to represent Shree Krishna Janam Bhumi Trust. It was the further case of the defendants that as the Trust has not been made party, members of the office bearers have not been made parties in the suit, the plaintiffs application under Sec tion 92, C. P. C. should be rejected on that account too. 9. It was the further case of the defendants that as the Trust has not been made party, members of the office bearers have not been made parties in the suit, the plaintiffs application under Sec tion 92, C. P. C. should be rejected on that account too. 9. The learned appellate Court, after considering all the materials placed before me, was pleased to dismiss the application on the ground that all the members of the Shree Krishna Janam Bhumi has not been made parties and held that Shree Krishna Janam Bhumi Trust and Shree Krishna Janam Sthan Sewa Sangh which has been named as Shree Krishna Janam Bhumi Sewa Sansthan are different entities, and the learned Court also held that the plain tiffs though sought relief for the removal of the trustees, but they have not been impleaded as trustees. Against the same, the appeal has been preferred. 10. Before going into the materials on record of the case, certain matters are re quired to be discussed. 11. In Suit No. 43 of 1964 the defen dants were Trust Masjid Idgah and the alleged Committee of Management con sisting of defendants No. 2 to 12 and cer tain licensees and transferees were also made parties. That suit was filed under Order VII, Rule 8, C. P. C. The said suit of Rai Kishan Das and others was decreed by the trial Court on compromise. Before that Rai Kishan Das filed a suit making this Idgah property and others as parties and that suit was partly decreed on 13-8-1929 against which appeal was preferred which was dismissed on 10-3-1932 by the Honble High Court, where the decision of the trial Courts confirmed with certain modifica tions regarding the Kuchchi Kursi which was treated as part of the Masjid. There after Civil Suit No. 4 of 1946 was filed on behalf of Masjid Idgah against Pandit Madan Mohan Malviya and others against the properties covered under the sale-deed dated 8-2-1944. That suit was decreed on 21-1-1953 on compromise and it was decreed that the judgment of the Honble High Court dated 2-12-1935 would be binding on the parties. There after Civil Suit No. 4 of 1946 was filed on behalf of Masjid Idgah against Pandit Madan Mohan Malviya and others against the properties covered under the sale-deed dated 8-2-1944. That suit was decreed on 21-1-1953 on compromise and it was decreed that the judgment of the Honble High Court dated 2-12-1935 would be binding on the parties. Thereafter, some Muslims in their respective capacities, brought a Civil Suit No. 361 of 1959 against the plaintiffs of Civil Suit No. 4 of 1946, wherein it was asserted that the Trust Musjid Idgah was not in existence and was not owner of the property in suit and those plaintiffs have acquired title by means of the purchase deeds of different dates and they asserted that Katra Keshav Deo property never belonged to Raja Patni Mal but it belonged to Katra Idgah and that they prayed for title and Khas possession. That suit was dismissed and against the same, no further appeal was filed. 12. Be that as it may, now it is abun dantly clear from the factual matters, as given above, that Raja Patni Mai was the owner of the compound locally-called Katra Keshav Dev. On 8-2-1944 the entire Katra Keshav Dev property comprising 13. 37 acres of land was purchased by Pt. Madan Mohan Malviya, Goswami Ganesh Dutt and Prof. Bhikka Lal Attray for Rs. 13,400/- by a registered sale- deed and got possession of the same. That purchase was made with the financial assistance given by said Jugal Kishore Birla. 13. The learned Counsel for the ap pellant contended before me that in 1958 all the 15 members of the Trust made a Society and merged and transferred them in that Society as a member of the Society and consequently all the properties which belonged to the Trust automatically stood transferred and vested in the Society, which was named and styled as Shree Krishna Janam Sthan Sewa Sangh and later on named as Shree Krishna Janam Bhumi Sewa Sansthan due to objection of the State of U. P. Accordingly, Sri Shree Krishna Janam Bhumi Sewa Sansthan is the trustee of Sri Shree Krishna Janam Bhumi Sewa Sangh trust. It has been sub mitted that since there was breach of trust by entering into the compromise that the trustees in the aforesaid earlier suit, as referred to above, should be removed be cause the compromise entered in Suit No. 44 of 1964 was made against the object of the Trust. 14. The learned Counsel submitted that in view of the decision AIR 1963 Mad 387 , that though a Company registered under the Companies Act for administra tion of public charitable but it was held that jurisdiction of a Civil Court exists to entertain that the suit and the application under Section 92, CPC was held to be maintainable. He also referred a decision AIR 1953 Cal 140 , which is a Division Bench decision wherein it has been held that the application under Section 92, CPC was maintainable for removal of the persons and the actual management of the trust properties, though trust may be in the shape of the registered society. 15. The learned Counsel for the respondents submitted that for filing ap plication under Section 92, CPC, there must be two persons and initially there were two persons namely Pt. Manohar Lal Sharma, Advocate, who appeared in per son in this appeal and Ram Deo Verma. Ram Dev Verma did not join in this appeal and now there is one person before the Court seeking permission under Section 92, C. P. C. to file the suit, as prayed for. It has been further submitted that as per the plaintiffs own contention, all the trustees joined together and changed the trust into the Society registered under the Societies Registration Act under the name and style of Shree Krishna Janam Bhumi Sewa Sangh, which was remained on the objec tion of the State of U. P. as Shree Krishna Janam Bhumi Sewa Sansthan, So, if there is any mis-management, in that event, they could file application before the Registrar under the provisions of Sections 22 to 24 of the Societies Registration Act, 1860, who was competent enough to give the relief regarding the removal of any Management Committee or other persons, who have been acting in derogation of the objects and purpose for which the Society was registered and drew my attention to Sec tion 24 of the Societies Registration Act. It has been submitted that wherein by the Special Act, the remedies provided the Civil Court, should not exercise its juris diction, unless it is found that the authorities concerned have been acting in derogation of the provisions of the Act and for the ends of justice, the Civil Court should interfere and take its jurisdiction under Section 92 of C. P. C. 16. It has been contended that in view of Sections 6 and 7 of the Societies Registration Act, it is abundantly clear that the suit should not be filed under the Civil Procedure Code unless it appeared that the authorities concerned has failed to exercise its jurisdiction, as vested in law on them and the jurisdiction of the Civil Court is required to be invoked. He submitted that the principles have been elaborately discussed in the judgment, AIR 1980 All 379 . It has been submitted that the Civil Court can decide as to whether it has jurisdiction, though it may ultimately find that it has no jurisdiction. He has also referred the decision AIR 1953 SC pp. 60 and 90. It has been further con tended that since on full discussion of the matter, as held by the learned Court, that Shree Krishna Janam Sthan Sewa Sangh and renamed as Shree Krishna Janam Bhumi Sewa Sansthan is not the trustee of the trust property and it cannot be held the proceedings under Section 92, C. P. C. was maintainable. It was submitted that since the trustees are entitled to appoint them selves as a member to some of the registered society, that does not per se indi cate that the trust has lost his entity. On the contrary, it continued and still continuing. In the circumstances, Shree Krishna Janam Sthan Sewa Sangh which is later on known as Shree Krishna Janam Bhumi Sewa Sansthan cannot represent the trust and as the plaintiffs did not sought for removal of the trustees and not made them parties, as such the application under Sec tion 92, C. P. C. was not maintainable on that score too. In the circumstances, Shree Krishna Janam Sthan Sewa Sangh which is later on known as Shree Krishna Janam Bhumi Sewa Sansthan cannot represent the trust and as the plaintiffs did not sought for removal of the trustees and not made them parties, as such the application under Sec tion 92, C. P. C. was not maintainable on that score too. In this connection, the learned Counsel for the respondents, referred the following decisions as AIR 1963 SC 301, S. Abdul Qyum and others v. Mulla Ali Bhai and another, wherein it has been held by the Honble Apex Court that where the suit was filed, the plaintiff did not seek for any relief against some of the defendants, this Court cannot pass any effective decree against those defendants. 1. 7. Duly considered the submissions of both the sides and perused the records carefully. 18. According to the plaintiffs, the entire property belonging to the trust vested in the registered Societies, under the name and style as Shree Krishna Janam Sthan Sewa Sansthan which later on came to be named and styled as Shree Krishna Janam Bhumi Sewa Sansthan. As such, the application is maintainable. The object of the said Shree Krishna Janam Sthan Sewa Sangh and the objects of the trust property were not the same. Shree Krishna Janam Sthan Sewa Sangh had no contemplation to construct a temple for Lord Krishna. If the Trust allows Sewa Sangh to have their office within the disputed land and to carry on some ancillary object which are akin to the object for which the Trust was created, does not per se lead to the conclusion that the trust has lost its entity and had merged into the registered society in the name and style of Shree Krishna Janam Sthan Sewa Sangh later on named as Shree Krishna Janam Bhumi Sewa Sansthan. It is a establish principle that the foundation of the suit under Section 92, C. P. C. is the alleged breach of trust. Here the allegation of the breach of trust was made for effecting compromise decree, entered in suit being numbered 43 of 1963 of the Court of learned Magistrate at Mathura. The plain tiff has not prayed for setting aside that judgment and decree which was a decree resulted out of the compromise between the parties. Here the allegation of the breach of trust was made for effecting compromise decree, entered in suit being numbered 43 of 1963 of the Court of learned Magistrate at Mathura. The plain tiff has not prayed for setting aside that judgment and decree which was a decree resulted out of the compromise between the parties. It was not alleged that any fraud was committed upon the parties and as such that decree was a voidable or any fraud was committed upon the Court regarding the compromise decree. At the best, the decree may be challenged as a voidable decree and for that a separate suit to be instituted to avoid the same which was not done. 19, No relief has been prayed for dec laration that the property of the suit are the trust property which is under manage ment of the religious society in the name and style of Shree Krishna Janam Bhumi Sewa Sansthan but in reality such declara tion becomes necessary to give the relief, as prayed for but such relief cannot be granted by the Court in an application under Section 92, C. P. C. In this regard, the decision as AIR 1967 SC 1544 and AIR 1972 SC 246 and AIR 1975 All 36 may be looked into. In an application under Sec tion 92, C. P. C. praying permission to file a suit for direction from the Court for proper administration of the trust, is made, then in that application, particulars of the machinery of management in the past and the existing management why not suitable and why other arrangements will be more suitable to be stated in the plaint specifically but such particulars are want ing in this application. In this regard, the decision as AIR 1988 Mad. 2 may be looked into. The criteria for entertain ment of the application under Section 92, C. P. C. has been elaborately discussed by the Honble Apex Court in the decision, as AIR 1966 SC 1044 and also AIR 1969 SC 884 . If sanction is granted and thereafter one of the person dies, then no further sanction is necessary but in the instant case, one of the petitioners has not been made a party in this appeal. So, this instant petition has become non- maintainable in view of the decision of Honble Supreme Court as AIR 1967 SC 1540 . If sanction is granted and thereafter one of the person dies, then no further sanction is necessary but in the instant case, one of the petitioners has not been made a party in this appeal. So, this instant petition has become non- maintainable in view of the decision of Honble Supreme Court as AIR 1967 SC 1540 . Moreover, appeal is continuation of the suit. I also rely also upon the decision as AIR 1953 Bom. 153 and 157. 20. In view of my discussions, made above, it is held that the petition under S. 92, C. P. C. was not maintainable as neces sary parties of the Trust was not made parties and it also is clubbed with some inherent infirmity, as discussed above. 21. In the circumstances, the memo of appeal is rejected on merits with costs. Appeal dismissed. .