SYED MEHDI Vs. MD ALI JAFFAR

JUDGEMENT

(1.) Both these appeals were filed against an order dated 17th December, 1997 passed by a learned Judge of the First Court. By the said order dated 17th December, 1997, the learned Judge was, inter alia, pleased to dismiss two petitions being G.A. No. 3079 of 1997 and G.A. No. 3732 of 1997 filed by the appellant praying for certain orders. Both the petitions were filed in connection with the Suit No. 2137 of 1965 which was heard and disposed of by a judgment and decree dated 12th June, 1967. It was a proceeding under section 92 of the Civil Procedure Code.

(2.) The learned Judge of the First Court, however, was pleased to hold that the scheme which was framed in the suit of 1965 cannot remain under the supervision of the Court perpetually since the current events have no connection whatsoever with the plaint filed in the said suit. As such, the learned Judge was pleased to give liberty to the appellant to file, if so advised, a suit in connection with the grievances raised by him and the learned Judge was pleased to observe that all reliefs claimed in the petition can be the subject-matter of such a suit. The learned Judge further held that the reliefs, if any, claimed in such a suit will not be barred by any clause contained in the scheme. The learned Judge was also pleased to hold that the merits of the grievances raised in the applications were not adjudicated by him.

(3.) A little background of this case is necessary for proper appreciation of the questions raised in this appeal. One Aga Karbalai Md., since deceased, and a member of Ashna Asari Sect of Shia Mohammedans created an Imambara and a trust estate of Lt. Aga Karbalai Md. In respect of his properties including the Imambara at 10, Portuguese Church Street, Calcutta for religious and charitable purposes and for the benefit of the members of the said Sect.