OXFORD UNIVERSITY PRESS Vs. GEORGES CATHEDRAL TRUST

JUDGEMENT

(1.) The Appellant/Applicant/Defendant has focussed the instant O.S.A.Nos.156 & 157 of 2014 as against the Common Order dated 03.12.2013, in A.Nos.4581 & 4582 of 2013, in C.S.No.360 of 2012, passed by the Learned Single Judge.

(2.) The Learned Single Judge, while passing the Common Order, in A.Nos.4581 & 4582 of 2013 in C.S.No.360 of 2012, on 03.12.2013, has, in paragraph No.20, observed that 'Whether the provisions of the Indian Trust Act would be applicable to the Public Trust or not, is not necessary to decide the issue involved in these applications' etc. and consequently, dismissed the Applications as devoid of merits.

(3.) According to the Learned Counsel for the Appellant (in both the Appeals), the Learned Single Judge had erred completely in overlooking the point that when the pleadings were completed and issues framed on 27.06.2013, it was not known as to how many Trustees were in all in the Respondent/Plaintiff Trust as on the date of filing of the suit viz., on 08.08.2012. Resultantly, the Learned Single Judge completely missed the point that on filing of the proof affidavit on 16.08.2013, it became the admitted case of the Respondent/ Plaintiff that there were/are four trustees in all in the Trust as on date of filing of the suit.