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SUBODH ABHYANKAR
Maganlal – Appellant
Versus
Shri Krishna Jain Mahila Kala Kendra Through Managing Trustee, Ratlam – Respondent
ORDER
1. Heard finally, with the consent of the parties.
2. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 20.10.2022, passed by the District Judge, Ratlam in Miscellaneous Judicial Case No.33/2022, whereby, the petitioner?s application filed under Order VII Rule 11 of the CPC has been rejected.
3. Although, this petition has been filed under Article 226 of the Constitution of India against the order passed by the District Judge, Ratlam and is not maintainable, however, considering the fact that the arguments were already heard on 13.12.2023, this Court finds it expedient to decide it finally while invoking the jurisdiction of this Court under Article 227 of the Constitution of India.
4. In brief, the facts of the case are that the respondent Shri Krishna Jain Mahila Kala Kendra is a public Trust registered under the M.P. Public Trusts Act, 1951 (hereinafter referred to as „the Act of 1951?) which had filed an application for recording change in the Trust register under section 9 of the Act of 1951 on 26.09.2020 before the Registrar of Public Trust, Ratlam which was registered as Case No.11/B-13/(03)/19-20, and the
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 Registrar exceeded its jurisdiction by recalling the entire order and exercising the power provided under Section 26 of the Act, which was....
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....
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
The quashing of an order that serves as the basis for a suit nullifies the cause of action, rendering the suit unmaintainable under the provisions of the Rajasthan Public Trust Act, 1959.
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.
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