RAVI KANT KAPUR Vs. PREM PARKASH TALWAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 1.9.1993 passed by the learned Sub Judge First Class, Amritsar, allowing an application filed by defendant Nos. 3 and 4 (respondent Nos. 4 and 5 in the revision petition) under Order 1, Rule 10 of the Code of Civil Procedure for their transposition as plaintiffs.

(2.) REFERENCE to a few facts is necessary for proper appreciation of the contentions advanced by the learned counsel for the parties. Lala Rattan Chand Kapur, a philanthropist, created a trust know as "Rattan Trust (Registered) Katra Sher Singh, Amritsar". A trust -deed was executed on 28.3.1942. Originally, there were five trustee, a including Lala Rattan Chand Kapur, One of the clauses of the trust -deed provided that when any trustee is a partner or director of a firm or a company and the said firm or company becomes defaulter to the trust for any amount due to the trust on account of any debt etc, then such partner or director shall cease to be a trustee ipso facto.

(3.) AFTER considering the rival cases, learned Sub Judge First Class, Amritsar, allowed the application and ordered transposition of defendant Nos. 3 and 4 as plaintiffs in the suit.