ASWINI KUMAR Vs. GAYA PRASAD AND ANOTHER

JUDGEMENT

(1.) THIS is an application under S. 115, Civil P.C., directed against an order passed by the learned Additional District Judge, U. A. D., dated 2 -6 -1951, by which he dismissed an application under S. 151, filed by the petitioner in Title Suit No. 1 of 1947, brought under S. 92, Civil P.C. In that suit, the learned Judge sanctioned a scheme on 27 -7 -1948 by which a managing committee was to function with respect to the property involved. Nearly two years later, on 1 -2 -1950, the petitioner made an application to the Court alleging that the Secretaries of the managing committee were not functioning properly, and that no notice of the suit had been given to him; he prayed, that the committee be dissolved and a fresh scheme be prepared. The learned Judge regarded the application made under S. 151, Civil P.C., as an application for removing the members of the managing committee, and he took the view that such an application was not competent, that the members of the managing committee could be removed only by a suit brought under S. 92, Civil P.C.

(2.) MR . Deb who appears for the petitioner contends, on the authority of the decisions of the Bombay and the Patna High Courts, that an application under S. 151, Civil P.C., for the removal of a trustee or a member of the managing committee appointed under a scheme sanctioned under S. 92, Civil P.C., is competent.

(3.) THE result is that the petition is dismissed with costs.