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NUPUR BHATI
Ambalal Dhakad S/o Jaichand Dhakad – Appellant
Versus
Assistant Commissioner, Devasthan Department, Jaipur – Respondent
ORDER :
Nupur Bhati, J.
1. Though the matter has been listed in the 'Fresh' category, upon the joint request of both the parties, the matter was heard finally on 05.12.2024.
2. This writ petition has been filed by the petitioner under Article 226 and 227 of the Constitution of India, 1950 challenging the order dated 11.11.2024 (Annex.6) passed by Commissioner, Devsthan Department, Udaipur, Rajasthan ('Commissioner') in Appeal No. 02/2024, titled 'Ramesh Kumar Dhakad & Anr. v. Ambalal Dhakad & Ors.' whereby the application filed by the petitioner under Order I Rule 10 of the Code of Civil Procedure, 1908 ('CPC') has been rejected.
3. The writ petition has been preferred with the following prayers:
A. This Hon'ble Court may kindly quash the impugned order dated 11.11.2024 (Annexure-6) passed in Appeal No. 02/2024 titled 'Ramesh Kumar Dhakad & Anr. v. Ambalal Dhakad & Ors., by Commissioner, Devasthan Department, Udaipur;
B. As a corollary, this Hon'ble Court may kindly allow the application under Order I Rule 10 CPC, filed by the petitioner, for impleadment of the public trust as party respon
The Public Trust must be impleaded in appeals concerning its registration to ensure proper adjudication of disputes.
The main legal point established in the judgment is that the suit proceedings should have remained stayed until the trust obtained registration, as per Section 29 of the Rajasthan Public Trusts Act, ....
Registration of public trusts is mandatory for enforcement of rights, regardless of the testamentary document's date.
The inquiry held by Deputy or Charity Commissioner under Section 19 is by no means an administrative or an executive inquiry The rules framed under the Act called the Bombay Public Trusts Rules 1951 ....
Point of Law : If an appeal has been filed therefrom, in accordance with decision of Commissioner on such appeal and provisions of section 21 and 22 shall apply to such amended entries as they apply ....
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 sect....
A society registered under the Societies Registration Act, 1860 is not required to register under the Chhattisgarh Public Trusts Act, 1951 to maintain a suit as a public trust.
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
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