Judgment

Misra, J.-The short question for consideration is, whether the pro­ceedings under Section 50A of the Bombay Public Trusts Act, 1950 would abate for the non-substitution of one of the applicants since de­ceased, and whether the Charity Commissioner has power under the Act to grant the belated substitution application made after long delay.

2. This appeal is directed against the order of the High Court in appeal against the judgment of the learned Single Judge, who summarily dismissed the appellant’s appeal. Earlier, through an application before the Charity Commissioner, a proceeding was initiated for set­tling a scheme of a public trust in a Proceeding No. 5 of 1973 under Section 50A as aforesaid. Admittedly, the said application was moved in the prescribed form by two persons as per requirement of the said Section. On 23rd January, 1979 one of the original applicants, namely, applicant No. 2 Hasan Bin Abubakar, died. It is true that after a lapse of long time, the son of the deceased applicant moved an appli­cation, Ex. 44, on 11th October, 1983 for permitting him to join as a party to the said proceedings as he has interest in the said Trust. Significantly, another set of