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1987 Supreme(MP) 163

S.K.SETH
Digamber Jain Hitopadeshini Sabha, Bina – Appellant
Versus
Narendra Kumar Bukharia – Respondent


Advocates:
S.C. Jain for applicants; A.K. Jain for non-applicants.

ORDER

S.K. Seth, J. -- 1. It is not in dispute that the applicant i.e. Digamber Jain Hitopadeshini Sabha, Bina was registered as public trust under the provisions of the M.P. Public Trusts Act, 1951. The non-applicants made a complaint to the Registrar of Public Trusts, Khurai that the trust property was not being properly managed by the President and the Secretary of the Trust and that they were acting contrary to the purpose of the Trust. On this, purporting to act under section 26 of the Act, the Registrar of Public Trusts applied to the Court for directions in the matter. On receipt of the application, the Additional Judge to the Court of District Judge, Sagar at Khurai registered the case as Miscellaneous Civil Case No. 7 of 1983 and proceeded to deal with it under section 27 of the Act. The complainants were arrayed as the applicants in the case. The public trust, through its Chairman and Secretary, was arrayed as the non-applicant. Certain preliminary objections were raised on behalf of the public trust as regards the maintainability of the proceedings. The said objections were rejected by the Additional District Judge vide his order dated 3.10.1985. It is being aggrieved by












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