BHOLA SINGH Vs. KARAN SINGH & ORS

JUDGEMENT

(1.) Challenge in this application is against the order no. 252 dated 14th September, 2017 passed by Learned Judge, IV Bench, City Civil Court at Calcutta in Title Suit no. 115 of 1991, inter alia, on the grounds that the Learned Judge could not appreciate the fact that the plaintiff is a trustee and had filed the instant suit as a Trustee against another trustee alleging mismanagement and maladministration of the Trust and therefore, the suit was in the nature of Trustees inter se which could not be proceeded by the applicants who sought to be added as a plaintiffs claiming themselves to be the devotees.

(2.) Learned Judge could not appreciate that the scope and ambit of the instant suit being a suit between trustees inter se would be changed with the addition of the applicants as plaintiffs as the newly added plaintiffs are claiming to be the devotees and they cannot proceed with the suit inter se.

(3.) The plaintiff, being a Trustee of the Trust Estate of Tara Singh Sangat which includes Gurdwara situated at 7, Madan Mohan Barman Street, P.S. Jorasanko, Kolkata-700007 and other movable and immovable properties, filed a suit against the defendants/proforma opposite parties alleging mismanagement and maladministration of the Trust and the Trust properties being registered as T.S. 115 of 1991 in the Court of the learned Judge, VIth Bench, City Civil Court at Calcutta. The defendant no. 1 entered appearance and contested the suit by filing written statement denying all material allegations made in the plaint. During pendency of the suit, plaintiff appointed one Dara Singh, son of Late Sarjan Singh, as his constituted Attorney to look after the trust properties and to represent him before the authorities and the Courts and to represent him in the pending litigations by exertion of a Power of Attorney on 6th December, 2012. Accordingly, the said Dara Singh proceeded with the instant suit as the constituted attorney of the plaintiff. Later on, by a letter dated 29th November, 2016, the plaintiff/petitioner cancelled the said power of attorney and requested said Dara Singh not to act or do anything further on his behalf on the strength of power of attorney dated 06.02.2012. On 30th August, 2017, the plaintiff filed an application praying for dismissal of the suit for non-prosecution since the disputes and differences between the plaintiff/petitioner and the defendant no.1/ proforma opposite party stood amicably settled out of Court.