GAJANAN LAXMAN LIMAYE Vs. BHALCHANDRA KESHAV LIMAYE

JUDGEMENT

(1.) THIS is a suit brought by a trustee under a deed of settlement which admittedly is a trust created, among other things, for public purposes of a charitable or religious nature. The plaintiff asks, among other things, that the deed may be construed and the trust administered by and under the directions of the Court, that accounts may be taken, that defendant No.1 may be ordered to pay to the plaintiff, or the trust estate, the amount found due and payable by him on the taking of such accounts and that the property may be sold and that the plaintiff may be paid a claim in respect of a debt which he alleges is due to him from the trust estate.

(2.) A large number of issues were raised. The first raises the point whether the consent of the Advocate General under Section 92 of the Civil Procedure Code, 1908, was necessary for the institution of the suit, and, if so, whether in the absence of such consent the suit is maintainable. With the consent of the parties I decided to try that as a preliminary issue. The facts necessary for the determination of this issue are to be found in the plaint and in the deed of settlement and may be shortly stated.

(3.) NEXT the settlement made provision for the payment of various sums of money to different members of the settlor's family. Power was reserved to the settlor to revoke during his life-time all gifts by will or codicil except the gifts for the temple and for the salaries of the worshipper and the superintendent.