MAHESHBHAI PRANSHANKER PANDYA Vs. RAJYAGURU CHHOTALAL JATASHANKER

JUDGEMENT

(1.) THE present appeal arises against the judgment and decree passed by the learned Civil Judge (S.D.), Bhavnagar in Special Civil Suit No.42 of 1982 whereby the suit of the plaintiffs has been dismissed.

(2.) THE relevant facts are that appellant Nos.1 and 2 together with one Arvindkumar Shivshanker Bhatt, describing themselves to be the trustees of Mota Gopnathji Brahmachari Jagya Trust, filed Special Civil Suit No.42 of 1982 before the learned Civil Judge for permanent injunction as well as for getting the possession of the suit property and also the accounts. THE learned Civil Judge, at the conclusion of the suit, found that all the trustees have not preferred the suit and, therefore, dismissed the suit. Under the circumstances, the present appeal before this Court.

(3.) WE cannot countenance such prayer for twofold reasons. One is that earlier such application was made before the lower Court and the learned Judge has recorded in the impugned judgment at para 12 that the application for such an amendment was made and the said application was dismissed, against which, no appeal has been preferred, and the second ground is that if the suit itself is not filed by all the trustees, it could be said that the suit was not maintainable and, even in the present appeal also, all trustees have not preferred the appeal. Under the circumstances, the said contention cannot be accepted.