RAM JANKI RAJ MANDIR Vs. HARIDAS GURU SARJOODAS

JUDGEMENT

(1.) THIS is a revision petition under section 115 of the Code of Civil Procedure.

(2.) HARIDAS, non-applicant No. 1 has filed a suit on behalf of Shriram janki Temple as Mahant of the same under section 8 of the Madhya Pradesh public Trust Act (hereinafter referred to as 'the Act') for a declaration that the order of Registrar dated 31-10-1972 whereby it was declared to be a public trust is illegal and void and for certain other ancillary reliefs. The suit was filed against the State Government and the Registrar of Public Trusts. During the pendency of the suit an application under Order 1, rule 10 of the Code of civil Procedure was filed by the Trust through Rajkumar Choubey for adding the trust as a defendant through its various trustees. This application was rejected. Being aggrieved thereby Rajkumar Choubey has filed this revision petition on behalf of the trust.

(3.) UNDER section 8 of the Act any working trustee or person having interest in a public trust or any property found to be trust property, is competent to file a suit in a civil Court to have any finding of the Registrar under section 6 of the Act by which he may aggrieved set aside or modified. The section is silent as to who shall be arrayed as defendant in the suit under this section. Sub-section (2) of the said section merely lays down that the Civil court shall give notice of such suit to the State Government through the registrar and the State Government, if it so desires, shall be made a party to the suit. Thus the State Government is only a proper party and may be joined if it so desires. It is, however, clear that any person who is directly interested in the finding should be joined in such a suit.