The main legal point established in the judgment is that the Maharashtra Public Trust Act is a complete code in itself and that section 92 of the C.P.C. is not applicable to public trusts as per section 52 of the said Act.

ORDER :—

1. The petitioners are the members of Mahad Taluka Maratha Seva Sangh, Kalyan East, (hereinafter referred to as “said Trust”), which is a trust registered under the provisions of the Maharashtra Public Trust Act (Bom. Act XXIX of 1950) (hereinafter referred to as “the said Act”) as well as Societies Registration Act, 1860.

2. The petitioners have challenged by way of the present writ petition filed under Article 227 of the Constitution of India Order dated 17th June, 2017 passed by learned 5th Joint Civil Judge, Junior Division, Kalyan below Exh.1A in R.C.S. No.402/2016. By the impugned Order, the leave sought by the petitioners to institute the suit under section 92 of Code of Civil Procedure, 1908 (for short ‘C.P.C.’) was rejected. The learned trial Court inter alia while rejecting leave application observed that remedy is provided under sections 50 and 51 of the said Act.

3. Mr. Datar, learned Counsel appearing for the respondent Nos. 1 to 6 at the outset pointed out section 52 of the said Act and submitted that section 92 and 93 of the C.P.C. are not applicable to the public trusts. He submitted that therefore, application bearing Exh.1A seeking leave is not at all maintainable. He submitted that in these circumstances no interference is warranted in the impugned order rejecting Exh.1A application.

4. Mr. Khandeparkar, learned Counsel appearing for petitioners submitted that the relief claimed by the petitioners in respect of appointment of new trustees in view of the misuse of powers on the part of the respondents as provided under the bye-laws resulting into breach of the trust by act of removing the petitioners from managing committee squarely falls under section 92 of C.P.C. He submitted that the petitioners have also prayed for a decree of the accounts from the respondents which also squarely falls within the purview of section 92 of C.P.C. He submitted that the Learned trial Court while passing the impugned order has not properly considered the prayers in the Plaint and section 92 of C.P.C.

5. Mr. Khandeparkar, learned Counsel of the petitioners alternatively submitted that if the Court comes to the conclusion that in the light of section 52 of the said Act, application seeking leave filed under section 92 of C.P.C. is not maintainable then liberty be given to him to file application under section 50 of the said Act and appropriate orders be passed. He pointed out Judgments of this Court reported in (i) 1996 (1) All.M.R. 354 in the case between Shankar Waman Thatte vs. Madhav Krishna Joshi and others; (ii) 2001 (4) All M R 211 in the case between Mr. Maulana Mohamed Yusuf Ismail vs. Madarsa Vejajulu Ulum Kuran and ors. and; (iii) 2005 (4) Bom. C. R. 570, Minoo Rustomji Shroff and others vs. Charity Commissioner and others in support of his contention.

6. Before considering the rival contentions it is necessary to examine the averments in the plaint. Perusal of the proposed plaint to be filed in the Court of learned Civil Judge, Junior Division Kalyan, at Kalyan shows that the plaintiffs i.e. petitioners claim to be the members of the Managing Committee of the said Trust. It is contended in the plaint that the directions of the Court are necessary for the administration of the Trust. The petitioners have inter alia raised following contentions in the plaint :—

(i) There are as may as 800 to 850 members of the said Trust. The defendants were the trustees of the said Trust and since 3-11-2015 they ceased to be the Trustees of the said Trust.

(ii) The plaintiffs are the members of Managing Committee of the said Trust. All of them are duly elected in the Annual General Meeting of Mahad Taluka Maratha Samaj Seva Sangh, held on 28-9-2014. Since then the present Managing members i.e. plaintiffs are looking after the day-to-day Management and entire functioning of the said Trust.

(iii) Until 12-9-2015, the administration of the Trust was going on smoothly. Thereafter, the relations between them got strained.

(iv) Th