KHURSHEED SORABJEE Vs. MINOO SORABJEE MEHTA

JUDGEMENT

(1.) The present First Appeal impugns the dismissal of the Charity Application No.2 of 2012 by the City Civil Court vide judgment dtd. 6/3/2014, which had challenged the Joint Charity Commissioner's order dtd. 10/2/2012 setting aside the order dtd. 26/8/1991 of Deputy Charity Commissioner allowing the Change Report of appointment of Applicant as Trustee.

(2.) The issue in present case is the validity of the impugned judgment dtd. 6/3/2014, however, a brief background of the chequered history of litigation between the parties is necessitated which is summarised hereinbelow:

(3.) Mr. Dhumal, Learned counsel appearing for the Appellant would submit that the Revisional Authority has allowed the Revision holding that there was no affidavit of the reporting trustees, the original documents were never produced, the Resolution does not bear any date and there is no record to show that the notice and the agenda of the meeting was ever served on Minoo Mehta. He submits that in such event the appropriate course was to remand the matter as Sec. 70A of Trusts Act permits the Revisional Authority to direct further inquiry to be taken or to take additional evidence.