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2008 Supreme(Del) 22

REVA KHETRAPAL
BROOKE HOSPITAL FOR ANIMALS – Appellant
Versus
BROOK HOSPITAL FOR ANIMALS (INDIA) – Respondent


Advocates Appeared:
Mr.T.K.Ganju, Sr. Advocate with Ms.Bharti, Advocate.
Ms.Shivani Lal and Mr.S.B.Sharma, Advocates for R-1 and 2.

JUDGMENT

REVA KHETRAPAL, J.

1. By this petition, leave is sought by the petitioners 1 to 3 to institute a suit under Section 92 of the Code of Civil Procedure as per the draft plaint enclosed, in respect of the respondent No.1, which is a public charitable trust set up in India on the 25th day of February, 1992 by a trust deed of the same date.

.2. The petitioner No.1 is an organization established under the laws of England and is registered as a Charity bearing No.1085760, set up with the object of improving the condition and welfare of animals, particularly equine animals. The petitioner No.2 is the erstwhile Chairman of the Animal Welfare Board constituted under the provisions of the Prevention of Cruelty to Animals Act, 1960 by the Government of India from the years 1992 to 1996. The petitioner No.3 is an educationist by profession and was head of

.the Academic Department in the Indian Military Academy, Dehradun and is interested in the welfare of animals, and thus interested in the respondent No.1 trust.

3. The petitioner No.1 claims to be the guiding force behind the respondent No.1 trust and to have lent its name and goodwill to the respondent No.1 trust. Apart from this, dur

















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