RAMBHA PANSARIN TRUST Vs. NAGAR KESHARWANI VAISHYA SABHA

JUDGEMENT

(1.) THIS is an appeal under section 96 CPC by the plaintiffs against the order by which their plaint has been rejected under Order 7 rule 11(d) CPC which amounts to a decree as per section 2(2) CPC. Plaintiff No. 1 Rambha Pansaran Radhakrishna Mandir Trust is a "Public Trust" registered under the M.P. Public Trusts Act, 1951 (hereinafter to be referred to as the Act). There are rival claims between the plaintiffs No. 2 to 6 on the one hand and the defendants No. 1 to 3 on the other for the management of this Trust. The Registrar of the Public Trust by his order dated 29.12.2000 has recognised the defendants No. 2 and 3 as trustees and the management of the trust has been entrusted to them by him. The plaintiffs No. 2 to 6 are aggrieved by this order and they filed the civil suit claiming it to be under section 92 CPC and section 25(3) of the Act for declaring the said order as illegal and void.

(2.) THE trial Court by the impugned order has held that the civil suit is barred in view of the provisions in sections 26 and 27 of the Act and it does not come within the purview of section 25(3) of the Act. After hearing the learned counsel for both the sides, this Court is of the opinion that the view taken by the trial Court is correct. According to section 26 of the Act if the Registrar is satisfied that "(b) the trust property is not being properly managed or administered; or (c) the direction of the Court is necessary for the administration of the Public Trust, he may direct the working trustee to apply to the Court for direction and if the trustee so directed fails to make an application as required or if there is no trustee of the public trust or for any other reason, the Registrar considers it expedient to do so, he shall himself make an application to the Court. A Division Bench of this Court has held in Temple Achaleshwar v. Achaleshwar Public Trust 1999 (1) JLJ 74 = 1998 (II) MPJR 335 that section 26 is very comprehensive. It is wide enough to embrace within its fold nearly all the reliefs which may be sought with respect to a public trust. It covers everything relating to the "management and administration" of the public trust. Section 27 empowers the Court to pass appropriate order and such order is deemed to be a decree. A finality has been given to such order and any suit under section 92 CPC in such a matter is barred. It has been further held :

(3.) THE appeal is dismissed. The interim stay order dated 5.12.2002 is vacated.