LAXMI NARAIN KHEMKA Vs. TULSIAN DHARAMSHALA TRUST KHETR

JUDGEMENT

(1.) IN challenge in this petition under Article 227 of the Constitution of India is the order dated 14.09.2005 passed by Sh. Shiv Narayan Dhingra, District Judge, Delhi (as he was then) in Trust Act Case No. 2/93 titled as Sh. Laxmi Narain Khema v. Tulsian Dharamsala Trust (Khetri) and Ors. whereby the aforesaid petition filed by the petitioner under Section 3 of the Charitable & Religious Trust Act, 1920 has been dismissed.

(2.) THE petitioner had instituted the aforesaid petition praying for the following substantive reliefs:

(3.) LEARNED Counsel for the petitioner submits that since the Trust Act case was preferred by invoking Section 3 of the aforesaid Act and not Section 92 CPC it was not incumbent for the petitioner to have sought the leave of the Court under Section 92 CPC. The Charitable and Religious Trust Act 1920 is a special Act which provides the procedure to be followed by those who prefer a petition under the said Act. The said Act does not require the obtainment of the leave of the Court before, or simultaneously for the filing of the petition under the said Act, unlike Section 92 CPC. Consequently, he submits that the trial court was misdirected in its approach in invoking Section 92 CPC and assuming the existence of an obligation to obtain leave of the court to be able to maintain the petition under Section 3 of the aforesaid Act. He further submits that the reliefs sought in the petition were also squarely falling within the scope of Section 3 of the Trust Act.