SADHANA PAL Vs. JAGADISH BHAR

JUDGEMENT

(1.) THIS appeal is against the judgment and order passed by a learned Judge of this Court dismissing the application taken out by the appellant for an order that the plaint filed in the Suit No. 679 of 1989 be rejected and taken off the file, in the alternative the suit be dismissed and all proceeding be stayed.

(2.) THE suit was filed after obtaining leave under clause 12 of the Letters patent for various reliefs including removal of the trustees and for appointment of trustees and for appointment of trustees in place and stead of the defendants for framing of a scheme for proper management and administration of the trust and order for accounts.

(3.) THE plaintiffs are two of the trustees of "bhabani Charan Bhar charitable Trust". The defendants are also the Trustees of the said trust. By an Indenture dated 4th March, 1972 the settlor one Sudhanshu Mohan bhar created the said trust appointing the plaintiff no. 1. defendant nos. 1 and 2 and one Girija Mohan Sanyal as trustees of the said trust. The trust was created with the intent that the rents, issues and profits of hereditaments shall be applied for public charitable purposes, namely, religious purposes, educational purposes, medical purposes, social purposes, relief of the distressed middle class families, relief of poor and destitute, and relief in emergencies to the extent indicated in the trust deed.