Supreme Court of India
Sinnamani & Anr. v. G. Vettivel and Ors.
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From the headnote
Trust Act, 1882 - s. 59 - Trust Original Petition - Filed by beneficiaries of trust - For execution of the trust - Original petition rejected being barred by s. 9 CPC as for the relief sought, suit alone was maintainable - High Court upholding the order and also denying conversion of the petition into a suit - On appeal, Held: s. 59 gives right to the beneficiaries to sue for execution of trust only by filing a suit and not any original petition - When the Act provides for filing of a suit, o suit alone can be filed - In the absence of a statutory provision conversion of original petition to
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