CHARITY COMMISSIONER Vs. ISHWARBHAI MOTIBHAI PATEL

JUDGEMENT

(1.) Present appeal is filed by the appellant - Charity Commissioner under Sec. 96 of the Civil Procedure Code read with Order 41 of the Civil Procedure Code challenging the impugned order dtd. 18/9/2000 passed by the learned Assistant Judge, Kheda at Nadiad in Civil Suit No. 6 of 1981.

(2.) That the respondents - original plaintiffs has filed the said suit in 1981 under Sec. 50 of the Bombay Public Trusts Act for declaration and permanent injunction. That the management, administration and all things of the temple are belonging to the Trust and respondents No.1 to 4 have no any right or interest over the same and restrained to lock the door of the temple. That the respondents are the trustees of Chamunda Mata Trust at Petlad, District: Kheda. That the appellant was not joined as a party as the address of the appellant was wrongly shown in the plaint and, therefore, the notice was not issued because of incorrect address. That the original plaintiff and original defendants have submitted the compromise pursis and both the parties have signed the compromise deed and on the basis of the compromise deed, the learned Judge has passed the order.

(3.) Being aggrieved and dissatisfied with the order dtd. 18/9/2000 passed by the learned Assistant Judge, Nadiad in Civil Suit No. 6 of 1981, the appellant has preferred the present appeal.