ORAL JUDGMENT

1. This appeal is directed against the judgment and order dated 18.11.1991, passed by the Additional District Judge, Washim in Misc. Judicial Case No.8/1989, confirming the judgment and order dated 12.2.1986, passed by the Joint Charity Commissioner, Aurangabad in Revision Petition No.87/1980 as well as the first order dated 3.8.1970, passed by the Assistant Charity Commissioner, Akola Region, Akola holding Shri Laxminarayan Mandir, Sansthan, Malegaon, Tq. Washim to be a public Trust and thus directing its registration under the Bombay Public Trusts Act, 1950.

2. Having heard learned Counsel for the rival parties, following substantial questions of law arise for consideration.

(i) Whether the Assistant Charity Commissioner, Akola Region, Akola before making the impugned order dated 3.8.1970 was right in not issuing notices to all the trustees of Shri Laxminarayan Mandir Sansthan, Malegaon and then whether the Courts below were justified in upholding non-issuance of notices to all the trustees on the ground that Rule 7 A of the Bombay Public Trusts Rules, 1951 for the first time came into existence w.e.f. 2.6.1972 regarding publication of public notice i.e.