Satish Motiani & Ors vs T Choithram Foundation & Ors

ik-52932716 Delhi High Court 20 December 2025 • 12 min read

Judges (2)

Anil Kshetarpal Delivered Girish Kathpalia Coram

Counsel (11)

Abhimanyu Mahajan Counsel Respondent Amit Sibal Counsel Appellant Amritananda Chakravorty Counsel Respondent Anubha Goel Counsel Respondent Asawari Sodhi Counsel Respondent Gaurav Khanna Counsel Appellant Gautam Barnwal Counsel Appellant Khush Aalam Singh Counsel Respondent Mihir Samson Counsel Respondent Rudraksh Pandey Counsel Appellant Shreya Munoth Counsel Respondent

Parties (2)

T Choithram Foundation Respondent Satish Motiani Appellant

Case Significance

Satish Motiani & Ors vs T Choithram Foundation & Ors is a Delhi High Court decision dated December 20, 2025 (citation: ik-52932716). The appellants, defendants in the suit, challenged the Single Judge's refusal to reject the plaint under Order VII Rule 11 CPC in a case where a public charitable trust sued to protect its properties from alleged usurpers. The appellants argued the plaint should be rejected for want of leave under Section 92 CPC and on grounds of limitation. The Division Bench dismissed the appeal, holding that the failure to obtain Section 92 leave is a curable defect, the limitation question involves triabl The bench comprised Justices Anil Kshetarpal and Girish Kathpalia. The judgment was delivered by Justice Anil Kshetarpal.

Summary

The appellants, defendants in the suit, challenged the Single Judge's refusal to reject the plaint under Order VII Rule 11 CPC in a case where a public charitable trust sued to protect its properties from alleged usurpers. The appellants argued the plaint should be rejected for want of leave under Section 92 CPC and on grounds of limitation. The Division Bench dismissed the appeal, holding that the failure to obtain Section 92 leave is a curable defect, the limitation question involves triable issues regarding continuing wrongs, and courts must be circumspect in shutting justice at the threshold in trust property matters.

What was the outcome of Satish Motiani & Ors vs T Choithram Foundation & Ors?

The appellants, defendants in the suit, challenged the Single Judge's refusal to reject the plaint under Order VII Rule 11 CPC in a case where a public charitable trust sued to protect its properties ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-52932716)