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Duli Chand vs Mahabir Pershad Trilok Chand ... on 16 September, 1983

15.As rightly pointed out by the learned Senior counsel appearing for the appellants, the Delhi High Court has also categorically held that the suit filed by one of the co-trustees even on authorisation by resolution passed by other co-trustees is not maintainable and the above aspect of the matter has been dealt by the Delhi High Court reported in AIR 1984 Delhi 145(Duli Chand Vs. Mahabir Pershad Trilok Chand Charitable Trust, Delhi)in the following manner:

Vasant Nature Cure Hospital And ... vs Ukaji Ramaji – Since Deceased Through ... on 13 September, 2023

22.The other decisions relied on by the learned counsel for the respondents reported in AIR 2013 Gujarat 58(Vasant Nature Cure Hospital and Pratibha Maternity Hospital Trust and Others Vs. Ukaji Kamaji and Others) also could be seen not applicable to the facts and circumstances of the case on hand. In this case, unlike the decision relied on, the trust has laid the suit, rep. by its Manager. No material placed to show that the Manger has been authorized to lay the suit. Further in this case covered in the above decision, all the trustees were subsequently joined as plaintiffs. However, in our case, the suit has not been laid by the trust, rep. by its trustee/trustees.
Supreme Court of India Cites 0 - Cited by 1 - B M Trivedi - Full Document
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