SHYAMSUNDER BAGARIA Vs. SUNIL SINGH RAJ AND ORS.

JUDGEMENT

(1.) The plaintiff/petitioner has filed the present revisional application challenging Order No. 103 dated 6th of May, 1986 passed by the Learned Judge, 5th Bench of the City Civil Court of Calcutta in Title Suit No. 1847 of 1981.

(2.) It appears that the petitioner in the capacity of trustees filed a suit being Title Suit No. 1847 of 1981 in the City Civil Court at Calcutta praying interalia for declaration that the pretended appointment of Sri Baren Kumar Roy Chowdhury the defendant no. 2 and Smt Basanti Debi the defendant no. 6 as trustees of Dev Sangha Ashram Trust are illegal, invalid and null and void and for further declaration that the defendant no. 2 is incompetent to be appointed as the Secretary of the Dev Sangha Ashram Trust or Dev Sangha Ashram contrary to the trust deeds and the directives and last wishes of the Settlor and founder trustee and for further declaration that the defendant no. 7 Soumen Mukherjee is the next Acharya of the Ashram as per last wishes dated 18th Aug., 1973 made by the Settlor Acbariya Srimat Narendra Nath Brahmachari and for other consequential reliefs of permanent injunction relating to various resolutions and from restraining the defendant no. 4 from acting as Acharya Dev Sangha Ashram or taking any action or steps to give Diksha (initiation) and other reliefs after seeking leave under Order 1 Rule 8 of the C.P.C. and or leave under Sec. 20 (b) of the Code Civil Procedure as fully incorporated in the plaint. The suit was contested by the defendants taking effective steps. The plaintiff has prayed for an order of temporary injunction to restrain the defendants/opposite party nos.1 to 6 from giving any effect or further effect or from enforcing or carrying out or taking any step to give effect or further effect to or enforcing on carrying out that the resolutions/decisions dated 10.7.1975, 19.7-1978 15th Aug., 1980, 20th Oct., 1980, 8th March 1981 and 5th July 1981 passed by the Dev Sangha Trust Committee and also restraining the defendants/opposite party Nos. 2 and 6 from acting as trustees of Dev Sangha Ashram Trust and also to restrain the defendant no. 2 from acting as Secretary of Dev Sangha Ashram Trust and the defendant no. 4 from acting as Achariya of Dev Sangha Ashram and from giving Dikba to any person or persons in the manner as stated in the application for temporary injunction. The injunction matter was contested and F M. A. T. No. 774 of 1982 the Division Bench of this Court restrained the defendant/opposite party no.4 from acting as the Achariya of the Ashram and to restrain the defendant/opposite party no. 2 from acting as trustees of the Ashram. The Division Bench however, directed the defendant/opposite party no. 4 Sudhir Chandra Chakraborty to continue as Secretary as before till the disposal of the suit and there was a direction of early hearing of the suit. Being aggrieved, Special Leave Petition in the Honble Supreme Court was filed and the Honble Supreme Court has however confirmed by order dated 19th April 1984 so far as the defendant no. 4 Sudhir Chandra Chakraborti is concerned and the Honble Supreme Court, in modification of the order of the Honble High Court, directed the Opposite Party No. 2 Baren Kumar Roy Chowdhury to continue as co-trustee. The Honble Supreme Court has however directed the City Civil Court to dispose of the suit with nine months.

(3.) It appears further that while the suit is for hearing the defendant No. 4 filed separate petitions; one under Order 14 Rule 1 of the Code of Civil Procedure for framing an issue as to territorial jurisdiction of the Court to try the suit, and other under Order 14 Rule 2 of the Code of Civil Procedure for preliminary hearing of the said issue before trial of other issues.