JAWAHARLAL CHUNNILAL Vs. RAMKRISHNA MALIK ALIAS JAFARMAL

JUDGEMENT

(1.) This appeal is by the plaintiff against the decree, dated 29 -6 -1959, passed by Shri D. K. Munshi, Second Additional District Judge, Bhopal, in Civil Regular Appeal No. 144 -A of 1968, affirming the decree, dated 31 -3 -1958, passed by Shri S. R. Agarwal, First Additional Munsiff, Bhopal, in Regular Civil Suit No. 60 of 1957.

(2.) NO suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided in any Court.

(3.) Further on, the learned counsel for the appellant relied on the special Bench case of the Madras High Court in G. Naratnaswami Naidu and Another v. Inspector -General of Police, Mayavaram and Another, AIR 1948 Mad. 807 wherein the question was whether section 16 -A of the Madras Maintenance of Public Order Act No. 1 of 1947 had a retrospective operation so as to apply to pending proceedings under section 491 of the Criminal Procedure Code. The learned Judges constituting the special Bench held that it did not apply to pending proceedings and that the habeas corpus petition could not be dismissed that reason alone.