Interim Relief and Pre-Leave Powers of Civil Courts Under Section 92 of the Code of Civil Procedure

sketch of the Supreme Court of India
Case
S. PANCHALINGU v. PEOPLES EDUCATION TRUST (R) (Supreme Court of India, 18-09-2026)
Law
Code of Civil Procedure.

Highlights of the Judgment:

  • Analysis of whether a Civil Court can pass interlocutory orders under Section 92 CPC prior to granting leave.
  • Interpretation of Section 92 as a mandatory threshold requirement serving as a protective shield for public trusts.
  • Examination of the scope of supplemental proceedings under Section 94 and Order XL Rule 1 CPC before suit institution.
  • Application of the maxim generalia specialibus non derogant regarding inherent powers under Section 151 CPC.
  • Guidance on dispensing with prior notice for urgent ex parte leave under Section 92 CPC.