LATE CHARITRANANDJI NARAYANNANDJI MILKAT AHMEDABAD Vs. MAHANT PURNANADJI

JUDGEMENT

(1.) The First Appeal is filed challenging the order passed by the Ahmedabad City Civil Court dtd. 24/12/2019 in Civil Suit No.1808 of 2014 below Chamber Summons in Application under Order 7 Rule 11 of the Code of Civil Procedure (for short "CPC").

(2.) Apparently, two grounds were raised. The issue before the Civil Court was a civil suit filed by the present appellant with a prayer to declare a Will executed in favour of the respondent No.1 to be bogus and illegal and therefore, not to be acted upon. The suit was filed by the plaintiff who claims to be the himself a trustee of the trust.

(3.) Learned advocate for the appellant submitted that an application under Order 7 Rule 11 of the CPC came to be filed raising two contentions namely the suit is barred by limitation and the statutory permission under Sec. 51 of the Bombay Public Trust Act not being taken from the Charity Commissioner, the suit is barred.