Madhya Pradesh High Court
Deo Ramchandraji Virajman Through ... vs Subhash on 23 July, 2015
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Writ Petition No.3581/2013
23.7.2015.
None for the petitioner.
Shri Devendra Gangrade, learned counsel for the
respondent No.1.
Record perused.
This petition under Article 227 of the Constitution of India, is directed against an order-dated 9.1.2013 passed in Civil Suit No.10-A/2012; whereby, trial Court taking into consideration that in respect of issue raised in Civil Suit relating to public trust, reference has also been made under Section 26 of the M.P. Public Trusts Act, 1951 (for short '1951 Act') directed for registration of reference as Miscellaneous Judicial Case by separating it from Civil Suit to which the reference was clubbed.
Section 26 of 1951 Act envisages that if the Registrar on the application of any person interested in the public trust or otherwise is satisfied that the original object of the public trust has failed; the trust property is not being properly managed or administered; or the direction of the Court is necessary for the administration of the public trust; he may, after giving the :: 2 ::
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working trustee an opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar. And, if the trustee so directed fails to make an application as required, or if there is no trustee of the public trust or if for any other reason, the Registrar considers it expedient to do so, he shall himself make an application to the Court.
In the case at hand, it is found that the application to the Court was made by the Registrar, Public Trusts on 22.7.2011.
That, Section 27 of 1951 Act lays down the procedure wherein application under Section 26 is received. It envisages that on receipt of such application, the Court shall make or cause to be made such inquiry into the case as it deems fit and pass such orders thereon as it may consider appropriate. Sub- section (2) of Section 27 empowers the Court to make an order for removing any trustee; appointing a new trustee; declaring what portion of the trust property or of the interest therein shall be allocated to any particular object of the trust; providing a scheme of management of the trust property; directing how the funds of a public trust whose original object has failed, shall be spent, having due regard to the original intention of the author of the trust or the object for which the trust was :: 3 ::
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created; issuing any directions as the nature of the case may require. Sub-section (3) of Section 27 mandates that any order passed by the Court under sub-section (2) shall be deemed to be a decree of such Court and an appeal shall lie therefrom to the High Court. Whereas, sub-section (4) of Section 27 creates a bar that no suit relating to a public trust under Section 92 of the Code of Civil Procedure, 1908 shall be entertained by any Court on any matter in respect of which an application can be made under Section 26.
When impugned order-dated 9.1.2013 is tested on the anvil of provisions contained under Sections 26 and 27 of 1951 Act, it was within the jurisdiction of the trial Court to have segregated the application dated 22.7.2011 received from the Registrar, Public Trusts and directed for its registration as MJC.
Since there is no jurisdictional error, no indulgence is caused.
Petition fails and is dismissed. No costs. Interim order-dated 20.9.2013 stands vacated.
(SANJAY YADAV) JUDGE vinod