PRAN NATH LEKHI Vs. RAJIV GANDHI FOUNDATION

JUDGEMENT

(1.) The plaintiffs claiming themselves to be interested in the Trust known as Rajiv Gandhi Foundation have filed this application seeking leave of the court to institute the suit for a declaration that there was breach of the express trust created for public purpose and violation of Section 20 of the Trust Act,1882 in the working of the Trust. The plaintiffs have also sought directions of this Court to direct inquiry into the affairs and accounts of the Trust as also into the corpus of the Trust. The plaintiffs also want this Court to examine not only the working of the Trust but also to ascertain the expenditure incurred by defendant no.2 on the education of defendant no.3 and also to remove some of the Trustees who are alleged to be unfit to continue as Trustees.

(2.) Before the plaintiffs addressed arguments on the merits of the suit and as to whether any case had been made out for leave of the court to institute the suit, this court inquired from the plaintiffs as to whether certain paragraphs in the plaint were not liable to be struck off being unnecessary, embarrassing and/or scandalous.

(3.) Mr.P.N.Lekhi - plaintiff no.1 appearing in person argued at length referring to certain paragraphs of the plaint to satisfy the court that none of the averments made in the plaint were scandalous as the same, according to him, were the statements of fact. On the question, however as to whether such statements were necessary for deciding the matter in controversy in suit or tend to embarass the fair trial of the suit, Mr.Lekhi contended that the facts were necessary to be mentioned to prove the allegations of mismanagement of the Trust by the defendants. He submitted that the hidden object of the Trust was to benefit the family; whereas the latent object was something different and to prove in this court as to what was the latent object of the Trust, Mr.Lekhi submits that the allegations were necessary to be incorporated in the plaint.