Document Fragment View
Fragment Information
Showing contexts for: unregistered trust in Ambalal Dhakad vs Assistant Commissioner on 9 December, 2024Matching Fragments
10. Learned counsel for the respondents no. 3 and 4 further submitted that Section 29 of the Act of 1950 bars an unregistered Public Trust from filing a suit to enforce its right and in the instant case, the Public Trust is not registered in accordance with law, therefore, no suit can be heard or decided in any Court, for enforcing the right of a Public Trust which is not registered and thus, the Commissioner has rightly rejected the application filed by the petitioner under Order I Rule 10 of CPC, for impleading the Public Trust.
14. Heard learned counsel for the parties, perused material available on record and judgments cited at the Bar.
15. The submission of the counsel for the respondents that since the Public Trust is not a registered Trust and Section 29 of the Act of 1950 provides for bar against suits by the unregistered trust and therefore, the same cannot be impleaded as a party, is required to be adjudicated by this Court and for this, Section 29 of the Act of 1950 is taken into consideration, which reads as under:
"Sec. 29 - Bar against suits by unregistered trust:
1. No suit to enforce a right on behalf of a public trust which is required to be registered under this Act but has not been so registered shall be heard or decided in any court.
2. The provisions of sub-section (1) shall apply to a claim of set off or other proceedings to enforce a right on behalf of such public trust."
Upon perusal of Section 29, it is seen that it bars against suits by an unregistered trust and provides that no suit can be decided or [2024:RJ-JD:49905] (6 of 10) [CW-19265/2024] heard by any Court, where the suit has been filed to enforce a right on behalf of the Public Trust that is required to be registered but is not registered. It is seen that firstly, the bar is with respect to the suit however, in the present case, the application for impleadment as preferred by the petitioner, is in respect to the appeal preferred by the respondent nos. 3 and 4 against the order dated 29.12.2023 (Annex.3), wherein challenge was laid to the order passed by the Assistant Commissioner allowing the application filed by the petitioner for registration of the Public Trust.