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2016 Supreme(All) 633
ALLAHABAD HIGH COURT
BEFORE : RAM SURAT RAM (MAURYA), J.
JAI GURU DEO DHARAM PRACHARAK SANSTHA AND OTHERS ....Petitioners
Versus
RAM PRATAP AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 2716 and 2960 of 2016, decided on 13th May, 2016)
Counsel :
Brij Bhushan Paul, Anand Prakash Paul, S. Shekhar and Prakhar Tandon for the Petitioners; C.S.C., R.A. Misra, Sukesh Kumar, B.B. Paul and A.P. Paul for the Respondents.
Headnote:Code of Civil Procedure, 1908—Sections 92 and 151, Order 39, Rule 3—Public Trust—Interim Injunction—Leave to sue—Application for—Disposal—Requisites—Representative suit procedure—Leave of the Court is a condition precedent for the institution of a suit against a public trust, unless all beneficiaries join in instituting suit—All defendants were appeared or served—District Judge directed for publication of notice as unserved defendants—Thereafter, unserved defendants also appeared before District Judge—As such the application for leave to sue under Section 92 (1) can be heard—Plaintiffs themselves filed an application to adopt the procedure of representative suit and issue notices of the suit through newspapers publication—Such procedure is not required to be followed at the time of hearing the application for leave to sue or at the time of hearing the applications for interim injunction—District Judge directed to hear and decide the aforesaid application. [Paras 15 to 22]
Result; Petitions Disposed of.
Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri B.B. Paul, alongwith Sri A.P. Paul, for the petitioners in Petition No. 2716 of 2016 and Sri V.K. Singh, Senior Advocate, assisted by Sri Sukesh Kumar, for the petitioners in Petition No. 2960 of 2016.
2. Both these petitions arise out of Misc. Case No. 5 of 2015, Nathu Ram Sharma and others v. Ram Prasad and others, filed for leave to sue under Section 92 C.P.C., between the same parties. The facts necessary for deciding these petitions have been stated by respective petitioners in their petitions as such with the consent of the parties both the petitions were heard together and are being decided by a common judgments.
3. Petition No. 2716 of 2016 has been filed for direction to District Judge Mathura to decide application for leave to sue under Section 92 C.P.C. and also to pass appropriate order, in the application for interim injunction (99-C) filed by the plaintiffs in aforesaid suit. Petition No. 2960 of 2016 has been filed for setting aside the order of District Judge Mathura dated 10.2.2016, by which he has superseded his previous order dated 27.10.2015, directing for publication of the notices of Misc. Case No. 5 of 2015 in news paper “Times of India” and decided to hear the arguments of the parties on the application for interim injunction (99-C) filed in the aforesaid suit.
4. Swami Tulsi Das Ji disciple of Swami Ghoorey Lal Ji was a Hindu ascetic of ‘santmat’. Swami Tulsi Das Ji, later on, became popular in the name of Jai Gurudev Ji Maharaj. He had large numbers of followers and more than 250 Ashrams, for his religious speeches and other processions. He created religious and charitable trusts namely (i) Jai Gurudev Dharam Pracharak Sangh Trust, Mathura (registered on 20.11.1977) (ii) Jai Gurudev Dharam Pracharak Sanstha, Jai Gurudev Yogsthali, Agra-Delhi road, Maholi, Mathura (registered on 24.5.1979) and (iii) Jai Gurudev Kothi Mandir Trust, Khitaura, Etawah. According to Trust deeds, Swami Tulsi Das Ji Maharaj was life long President of all these trusts. The trusts consist three categories of members, namely (i) Namdani Members (ii) Prabandhak Members and (iii) Samanya Sabha Members. All these members have to be nominated by the President. The President has right to nominate his successor President of these trusts.
5. Swami Jai Gurudev Ji Maharaj left for heavenly abode on 18.5.2012. Pankaj Kumar Yadav (defendant-7 in Misc. case No. 5 of 2015), submitted an Annual List before Deputy Registrar, Firms, Societies and Chits, Agra, showing himself as President of Jai Gurudev Dharam Pracharak Sanstha, being nominated by Swami Jai Gurudev Ji Maharaj. Uma Kant Tiwari (defendant-9 in Misc. case No. 5 of 2015) submitted another Annual List before Deputy Registrar, Firms, Societies and Chits, Agra, showing himself as President of Jai Gurudev Dharam Pracharak Sanstha, being nominated by Swami Jai Gurudev Ji Maharaj. Deputy Registrar, by his order dated 24.7.2012, accepted Annual List of Pankaj Kumar Yadav.
6. Ram Pratap, a rival claimant, filed a writ petition (registered as Writ-C No. 34416 of 2012) against aforesaid order. Writ Petition was disposed of by order dated 24.7.2012, giving liberty to the petitioners to establish their right in Civil Court. Order dated 24.7.2012 was challenged in Special Appeal No. 1375 of 2012. Division Bench by order dated 26.11.2012 partly allowed the special appeal and remanded the matter to Single Judge, for considering interim relief, claimed in writ petition. After remand, Single Judge again dismissed the writ petition, by order dated 23.8.2013, holding that a writ petition for interim relief is not maintainable. Again Special Appeal No. 1377 of 2013 was filed, which was dismissed by order dated 5.10.2013. Special Leave Petition (CC) No. 18185 of 2014 was filed before Supreme Court against aforesaid order, which was got dismissed as withdrawn on 18.11.2014 with liberty to redress their grievances in appropriate civil action.
7. Ram Uja
