KAMLESH GUPTA Vs. SHAM LAL

JUDGEMENT

(1.) The petitioner (Kamlesh Gupta) assails the order dtd. 21/11/2016 (Annexure P-1) passed by the Court of learned Civil Judge (Jr. Divn.), Patiala, vide which an application preferred by respondents No.3 and 4 (Amritpal Singh and Ram Kishan), under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short the "CPC"), was allowed.

(2.) The facts, briefly, are that a suit under Sec. 92 CPC was filed by respondents No.1 and 2 (Dr. Sham Lal and Drashan Kumar) in which the general public, the present petitioner and her two brothers i.e. respondents No.5 and 6 herein (Dr. Mohinder Pal and Ranbir Pal), were arrayed as parties. The prayer was for the issuance of directions for framing a scheme with regard to management of the trust property, its preservation and application etc.

(3.) The case set up was that Dr. Jai Gopal was the owner of a large number of properties and was a renowned social worker of Patiala. He was associated with Shri Sanatam Dharam Kumar Sabha (Regd.), Patiala (for short the "Sabha") and was the chairman of many social organizations, including Cremation Grounds and Bir Dasondhi Ram Apahaj Ashram, Rajpura Road, Patiala, both being run and managed by the Sabha. It was stated that he created a charitable trust in the name of Dr. Jai Gopal Educational Charitable Trust, Patiala vide registered trust deed dtd. 4/2/2002, which consisted of 95/149 shares out of land measuring about 7 kanals, situated in the revenue estate of Rasulpur Saidan, Tehsil and District Patiala. A school building is also stated to have been constructed by Dr. Jai Gopal, which was later stated to have been dedicated to the trust. It was averred that the land to the extent of 52 shares was separate from the property in which the school had been constructed. A Will dtd. 3/2/2000 is stated to have been executed by Dr. Jai Gopal. It was also stated that the relations of Dr. Jai Gopal with his children i.e. Kamlesh Gupta and her two brothers were not cordial and they had not served Dr. Jai Gopal even after the death of his wife. It was on account of this, he executed a Will dtd. 3/2/2000 bequeathing all his property for charity and he named the plaintiffs as trustees.