1. The present Appeal from Order filed by the original Plaintiffs as the learned Judge, of City Civil Court, Mumbai by order dated 21 August 2013 on the ground of jurisdiction, returned the plaint under Order VII Rule 10 of the Code of Civil Procedure (CPC) by holding that the Court has no jurisdiction to entertain the suit in view of specific provisions under Section 80 read with Section 50 of the Bombay Public Trust Act, 1950 (BPT Act).

2. The Plaintiffs-Appellants, persons interested, have filed the Suits for various reliefs stating it to be against the members/elected trustees of Respondent No.3-Trust. There is no averment in the plaint that they are holding any post and/or they are the office bearer of the Trust on the date of filing of the suit.

3. The learned Judge has considered the averments as made in the plaint and after analyzing it, discussed in paras 9 and 10 as under:

“9. Plaintiffs in their suit came with the statements that subject matter of the suit lies within the domain of the charity commissioner but they have come before the court as the charity commissioner is not taking any action. In prayer clause (a) of the plaint itself plaintiffs seek declarat