GHANASHYAM PRASAD KURMI PATEL Vs. YASHWANT SINGH

JUDGEMENT

(1.) These two appeals arise out of common matter. The appellants in both the appeals have filed an application to set aside the order passed ex parte by First Addl. District Judge Jabalpur in Civil Misc. Case No. 27/98 on 22-12-1989.

(2.) The order dated 22-12-1989 was passed on an application filed before the Court under the provisions of Section 25 of the M.P. Public Trusts Act, 1951. Bhagwan Shri Ram Janki Trust was registered in the year 1954 under the provisions of M.P. Public Trusts Act. Its Sarwarakar was Ghanshyam Prasad Patel. The application under Section 25(3) was filed by Yashwant Singh, Madan Bihari Chadhar and Halku Prasad challenging the order passed by Registrar, Public Trusts, Paten district Jabalpur in case No. 2B/113/85-86 (Kashiram v. Ghanshyam Prasad). In the said case an order dated 8-6-1987 was passed by the Registrar, Public Trusts, Paten district Jabalpur, by which five trustees were appointed namely, Gajendra Singh Yadav, Sunderlal Patel, Laxmiprasad Patel, Gulab Chadhar and Durga Prasad Pawar. In the same order it was directed that Ghanshyam Prasad shall manage the trust and shall inform the activities of the trust to the other trustee Durga Prasad Pawar who was not resident of the same village. In the proceedings filed under Section 25 of the M.P. Public Trusts Act 1951 there were several allegations made against Ghanshyam Prasad Patel who was the Managing Trustee and prayer was also made that Ghanshyam Prasad Patel was not managing the trust actively and some one else be appointed, in ground No. 5 of the petition filed under Section 25. It may be seen that in the said proceedings the trust was not impleaded as a party. Though the allegations were made against Ghanshyam Prasad Patel, but, he was also not arrayed as a party. Later on by amendment effected on 8-8-1988, four of the trustees who were named by Registrar, Public Trusts, were added as parties, still Durga Prasad one of the trustees who was named in the order dated 8-6-1987 passed by the Registrar was not arrayed as a party. An application was filed by Ghansham Prasad Patel to implead him as a party. The said application was not decided by the Court. Reply was filed by the Registrar, Public Trust. It was mentioned in the reply that out of the five trustees appointed, Shri Gulab Chandra and Shri Durga Prasad hail from the caste/family of the author of the trust. An objection was raised that Durga Prasad and others have not been arrayed as party on 2-7-1988. Thereafter only four persons were added, not Durga Prasad. He was still left out. Reply was filed on behalf of non-applicants No. 2, 3 and 4. It was mentioned in the reply dated 23-8-1989 that Durga Prasad had filed a writ petition - M.P. No. 1267/87 before the High Court of Madhya Pradesh at Jabalpur. The order was passed in the present case by the Registrar on 8-6-1987 and the petition was filed on 5-8-1987. Obviously, it was not presented within 30 days. It may further be seen that the case in which the order was passed was Kashiram v. Ghanshyam Prasad. Neither Kashiram nor Ghanshyam Prasad were arrayed as a party. Trust was also not impleaded, only Registrar of Public Trust was arrayed as a respondent in the said petition.

(3.) It does not appear that any enquiry was conducted by the Court before setting aside the order. Even copy of the document under which the trust was created in the year 1989 is not on record. After filing of the reply the case was not posted for holding any enquiry and outright the arguments were heard. The application filed by Ghanshyam Prasad Patel to implead him as party was left undecided and the order was passed, setting aside the order of the Registrar. Public Trust, on 22-12-1989.