ORDER

I.A. No. 8273/2021 (Appropriate Direction)

1. This application has been preferred for the impleadment of Major Atul Dev and Dr. Neerja Lugani Sethi as co-plaintiffs or to be impleaded as parties in light of subsequent developments which are set forth in the said application. A further prayer is made for leave being granted to the proposed co-plaintiffs to institute the CS (OS) 182/2019 Page 2 of 20 accompanying suit under Section 92 of the Code of Civil Procedure, 1908 1 .

2. It becomes pertinent to note that the present matter is still to be registered, in stricto sensu, as a suit under Section 92 of the Code since leave to institute is yet to be granted. The prayer made in the instant application in essence appears to be to permit the individuals noted above to join as applicants in I.A No. 4760/2019 which is pending consideration.

3. The suit proposed to be instituted under Section 92 of the Code relates to the affairs of a public charitable trust named Raghuvanshi Charitable Trust. 2 The application for leave was originally preferred by Shri Ram Sarup Lugani and Shri Bahushrut Lugani. On 04 April 2019, this Court while noticing the issues which arise in some detail, proceeded to pass an order restraining the defendants from withdrawing any money directly or indirectly for themselves from the funds of the defendant No.7 or the schools falling under the management and control of the Trust.

4. The Trust itself is stated to have been constituted as a not-for- profit entity dedicated to the objective of establishing schools, colleges and other social institutions. The allegation in the proposed suit was that the defendant Nos. 1 to 6 are jointly and severely misconducting themselves and acting contrary to the aims and 1<u> CPC </u>

2 Trust

5. The applicants disclose that during the pendency of the instant proceedings, the applicant no. 1, the erstwhile Managing Trustee of the Trust succumbed to Covid-19 on 22 May 2021. It is in that backdrop that it is proposed that the two individuals named above be permitted to join the pending application for grant of leave. Major Atul Dev is stated to have retired from the Armed Forces and is one who is engaged in philanthropic activities. He is also reported to be a part of a society to which the defendant no.7 provides benefits. Dr. Neerja Lugani Sethi is stated to be an educationist, a PhD, and currently holding the office of Dean of Architecture at Indraprastha College, Dwarka, Delhi. It is further asserted that she has been closely involved in the administration of schools running under the aegis of defendant No.7 and is also a member of the School Management Committee3 of Gurugram Public School at Sector 62. The present application apart from being supported by an affidavit of Shri Bahushrut Lugani, the original applicant no.2, also encloses affidavits of Dr. Neerja Lugani Sethi and Major Atul Dev in support of the prayers that are made.

6. The prayers made in the instant application are opposed by the opposite parties who contend that upon the demise of original 3<u> SMC </u>

7. Learned counsel placing reliance upon the aforesaid decision submitted that the requirements placed by Section 92 are mandatory and consequently since the application seeking leave to institute the suit is left with only one individual on the record, it must be rejected. Learned counsel submitted that in Rahul Jain, the Court had clearly held that a fundamental prerequisite as envisaged in Section 92 can neither be rectified nor salvaged by additional persons being permitted to join the application seeking leave. Since the objection which is raised on behalf of the respondents principally rests on the judgment rendered by the Court in Rahul Jain , the said decision would merit a closer examination.

4 2007 (94) DRJ 89

8. The principal question which arose for consideration before the Court in Rahul Jain was su