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1971 Supreme(Guj) 47

D.A.DESAI
SONI VRAJLAL JETHALAL – Appellant
Versus
SONI JADAVJI GOVINDJI – Respondent


Advocates Appeared: K.J.VAIDYA, K.M.CHHAYA, R.N.PURANDARE

D. A. DESAI, J.

( 1 ) THIS is a very unfortunate proceeding in which the plaintiff a minor at the time of the institution of the suit has been pushed by different orders of different courts from pillar to post with the result that 15 years after its institution his suit has not been entertained by any court till today. There is no dispute that his suit is of a civil nature and he complains of a civil wrong done to him for which there must not only be a remedy but there must also be a forum for availing of the remedy.

( 2 ) THE plaintiff minor through his next friend filed a regular civil suit No. 56 of 1956 against one Jadavji Govindji who died pending the suit and his heirs defendants Nos. 1/1 to 1/9 have been brought on record and defendant No. 2 one Purshottam Gagubhai alleging that they were trustees of a trust created by the father of the plaintiff and they were realising the income of the trust property and that they should render accounts of the income of the trust property received by them and pay certain amount out of the income so realised and deposited with the Bank of India at Bhuj. Let it be distinctly made clear that the prayer in the suit was that the defendant truste










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