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1999 Supreme(Guj) 462

M.R.CALLA
HARGOVINDBHAI DAHYABHAI PATEL – Appellant
Versus
PRABHUDAS RAICHAND SANGHANI – Respondent


Advocates Appeared: J.T.TRIVEDI, MIHIR JOSHI

M. R. CALLA, J.

( 1 ) THIS Special Civil Application has been filed against the order Annexure. A passed by the Gujarat Revenue Tribunal in Appeal No. 3 of 1997 on 28/05/1997 whereby the appeal of the present petitioners was dismissed against the order dated 26/02/1997 passed by the Joint Charity Commissioner, Vadodara in Application No. 51/7/93 and with prayer to grant permission to the petitioners for instituting Suit as per draft plaint with such modification as may be required owing to passage of time.

( 2 ) THE petitioners have come with the case that an application under Sec. 51 of the Bombay Public Trusts Act, 1950 read with Rule 27 of the Rules made thereunder was filed by the petitioners before the Joint Charity Commissioner, Vadodara seeking permission to institute Civil Suit in the Court of District Judge, at Navsari. This application was rejected by the Joint Charity Commissioner on 26/02/1997. Aggrieved from this order dated 26/02/1997, the petitioners preferred an appeal under Sec. 37 (2) of the Bombay Public Trusts Act before the Gujarat Revenue Tribunal, at Ahmedabad and the same was rejected by the Tribunal on 29/06/1998. The order passed by the Joint Charity Commis






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