SHRDA BANSAL Vs. R D BANSAL

JUDGEMENT

(1.) IN this suit, the defendant No, 5 (Gulab Devi Charitable Trust) is admittedly a public charitable trust. Issues were framed in the suit on 5th october, 2007 and the issue No. 5 as under was ordered to be treated as a preliminary issue:

(2.) ARGUMENTS have been heard from the counsel for the defendant No. 5 and the counsel for the plaintiffs. The suit is with respect to the estate of shri Manmohan Bansal who died on 24th May, 1996. The plaintiff No. 1 is the widow and the plaintiff Nos. 2 to 4 are the son and daughters of Shri manmohan Bansal. It is the case in the plaint that the defendant Nos 1 to 4 who are the brother and legal representatives of the brother of Shri manmohan Bansal have fabricated a Will dated 17th May, 1996 of Shri manmohan Bansal whereunder the proceeds of the estate are to go to the defendant No. 5 trust. The plaintiffs have for the said reason impleaded the defendant No. 5 trust as a party to the present suit and have further pleaded that separate proceedings for looking into the affairs of the defendant No. 5 trust are being taken under Section 92 of the CPC. The plaintiffs in the present suit have sought a declaration that the Will dated 17th May, 1996 of Shri Manmohan Bansal is a forged and fabricated document and a decree for recovery of Rs 48,70,000/- from the defendants jointly and severally and sought accounts of the estate of Shri Manmohan Bansal and permanent injunction for restraining the defendants from dealing with the estate of Shri manmohan Bansal. The defendant Nos. 1 to 4 and the defendant No. 5 have filed separate written statements. The defendant No. 5 in its written statement, inter alia, took up the plea on which the preliminary issue aforesaid was framed. The plaintiffs in their replication denied that Section 92 of the CPC has any application to the reliefs claimed in the suit.

(3.) THE senior counsel for defendant No. 5 besides reiterating the plea and drawing attention to the relief in the plaint of accounts including against defendant No. 5 Trust has relied upon the judgment dated 3rd July, 2008 of this court in Anil Nanda and Another v M/s Escorts Limited and Others (CS (OS) 1372/2005 ). Per contra, the senior counsel for the plaintiffs has relied upon Swami Paramatmanand Saraswati and another v Ramji tripathi and Another (1974) 2 SCC 695.