IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 10^th OF MAY, 2023

WRIT PETITION No. 10785 of 2023

BETWEEN:-

KAMLARAJE

CHARITABLE

TRUST

REGISTERED

OFFICE

JAIVIALAS

PALACE

PREMISES

GWALIOR

THROUGH SECRETARY VIJAY SINGH PHALKE S/O LATE

SHRI RANJEET SINGH PHALKE, AGED ABOUT 78

YEARS, R/O 01 USHA COLONY JHANSI ROAD GWALIOR

(MADHYA PRADESH)

.....PETITIONER

(BY SHRI VARUN KAUSHIK - ADVOCATE )

AND

1.

THE STATE OF MADHYA PRADESH THROUGH

PRINCIPAL

SECRETARY

DEPARTMENT

OF

REVENUE,

VALLABH

BHAWAN,

BHOPAL

(MADHYA PRADESH)

2.

COLLECTOR

GWALIOR DISTRICT

GWALIOR

(MADHYA PRADESH)

3.

TEHSILDAR TEHSIL

MAHALGOAN

DISTRICT

GWALIOR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI PAWAN SINGH RAGHUVANSHI - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the

following:

ORDER

The present petition under Article 227 of the Constitution of India has

been directed against the order dated 5.4.2023 and 1.5.2023, whereby vide

order dated 5.4.2023 the learned Trial Court has held that the suit filed by the

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Secretary of the Trust despite there being a proper resolution of the trustees

to the said effect cannot be treated as a suit filed by the competent person

unless all the trustees are made party to the suit and by the second order the

learned Trial Court partly allowing the application under Order 1 Rule 10 of

CPC by the plaintiff trust for making all the trustees of the trust as well as

Secretary of the trust as plaintiffs in the suit and held that the plaint be verified

either by all the trustees or managing trustee authorized by all the trustees and

so far as the name of the Secretary for impleadment as a plaintiff was

concerned the same was disallowed.

Brief facts of the case are that the present petitioner-plaintiff which is a

registered trust has filed a suit for declaration and injunction against the

respondents which is numbered as RCS A No.752/2018. The suit was filed

by the Trust through its Secretary duly supported by the resolution of all the

Trustees. In the course of proceeding the Trial Court vide order dated

10.3.2023 raised an issue as to the legal requirement for existence of a valid

trust under section 5 of the Indian Trust Act and the need for impleading all the

trustees in a suit filed on behalf of the trust and directed the plaintiff to

address on the same on the next date of hearing. On 5.4.2023 when the matter

came up for hearing it was contended by the plaintiff/petitioner that in the matter

of religious and charitable trust section 1 of the Indian Trust Act applies,

which exempts such trusts from the requirement of registration, therefore, the

question of registration of the trust is irrelevant as the trust therein is a

charitable trust. However, vide order dated 5.4.2023 the Trial Court directed

the plaintiff under Order 31 Rule 1 of CPC to implead all the trustees treating

the suit filed by the secretary of the trust as not properly constituted.

Accordingly, the petitioner/plaintiff moved an application under Order 1

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Rule 10 of CPC for impleading the trustees and the Secretary as plaintiffs in the

suit.

Vide order dated 1.5.2023 the Trial Court while partly allowing the

application under Order 1 Rule 10 of CPC held that only Trustees of the

Trust would be impleaded as plainiffs, but not the Secretary and the suit be

accordingly verified by the impleaded Trustees or by the Authorized

Managing Trustee. Being aggrieved by the aforesaid orders, the present petition

has been filed.

Learned counsel for the petitioner vehemently argued that Court below

failed to appreciate that for execution of ministerial acts it is necessary for the

Trust to delegate its authority which was duly done in the form of resolution of

the trustees inter-alia authorizing the Secretary of the Trust for doing the

needful for filing the civil