Sri Ram Krishna Mission and Another v. Paramanand and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(Online)(All) 11

ALLAHABAD HIGH COURT
, CJ
Sri Ram Krishna Mission and Another v. Paramanand and Others

Advocates:
For the Appellants/Petitioners: Sri N. D. Pant
For the Respondents: Sri Baldev Raj

Table of Content
1. dispute over declaration of property as charitable trust. (Para 1)
2. compliance with procedural rules being contested. (Para 2 , 3)
3. court's obligation for permission and notice in representative suits. (Para 4 , 5 , 6 , 7 , 8)
4. substantial compliance in procedural requirements to avoid dismissal. (Para 9)
5. final ruling to allow appeal and remand for merit-based decision. (Para 10)

1. This appeal arises out of a suit for declaration that the property in dispute is an endowed and charitable property, a Dharamshala since 13-3-1962, the date when respondent No. 6, namely, Smt. Parmeshwari Devi dedicated the property and created a trust and that thereafter she was not competent to execute the deed of 1968 so as to make a gift of the same property in favour of defendant No. 1, the appellant Ram Krishan Mission. The plaintiffs filed the suit in a representative capacity under O. 1, R. 8, Civil Procedure Code and alleged that plaintiffs Nos. 3 to 6 were Hindus by caste and followers of Sanatan Dharam and were interested in the maintenance of the religious and charitable character of the property in suit while plaintiffs Nos. 1 and 2 claimed to be the trustees by vir