MAHANT TULSIDAS CHARANDAS TRUST Vs. MAHESH KUMAR

JUDGEMENT

(1.) BY way of this revision, the order dated 5.5.2014 passed by the District Judge, Haridwar in Original Suit No.2 of 2011, Vipin Kumar and others v. Mahant Tulsidas Charan Dass Trust and others, is under challenge whereby the application moved by the present respondents was allowed and thus, they were permitted to continue with the Suit, as aforementioned.

(2.) INITIALLY , the Suit was instituted by Sri Vipin Kumar and Sri Raj Kumar seeking permission under Section 92 of the Code of Civil Procedure in order to protect the public interest in a religious and charitable institution. Those plaintiffs were permitted to file suit in the representative capacity as per the spirit of the Code.

(3.) THE present respondents Mahesh Kumar and Srikant Vashisth were also watching the protection of public interest in the said Trust, so they moved an application for impleadment in that Suit but the relief sought was denied to them observing that if the original plaintiffs viz. Vipin Kumar and Raj Kumar in case do not continue the suit or withdraw the same or in any manner do not pursue it properly, in such eventuality, they may move an application for such impleadment.