IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 10 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 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 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 suit on behalf of Trust. It was also argued that there was no occasion for the Court to hold that Secretary of the Trust is not authorized to file t