RAM SARUP LUGANI Vs. NIRMAL LUGANI

JUDGEMENT

(1.) This application has been preferred for the impleadment of Major Atul Dev and Dr. Neerja Lugani Sethi as co-plaintiffs or to be impleaded as parties in light of subsequent developments which are set forth in the said application. A further prayer is made for leave being granted to the proposed co-plaintiffs to institute the accompanying suit under Sec. 92 of the Code of Civil Procedure, 1908 [CPC].

(2.) It becomes pertinent to note that the present matter is still to be registered, in stricto sensu, as a suit under Sec. 92 of the Code since leave to institute is yet to be granted. The prayer made in the instant application in essence appears to be to permit the individuals noted above to join as applicants in I.A No. 4760/2019 which is pending consideration.

(3.) The suit proposed to be instituted under Sec. 92 of the Code relates to the affairs of a public charitable trust named Raghuvanshi Charitable Trust [Trust]. The application for leave was originally preferred by Shri Ram Sarup Lugani and Shri Bahushrut Lugani. On 4/4/2019, this Court while noticing the issues which arise in some detail, proceeded to pass an order restraining the defendants from withdrawing any money directly or indirectly for themselves from the funds of the defendant No.7 or the schools falling under the management and control of the Trust.