DWARIKADASJI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This suit is brought by Mahant Dwarikadasji and 13 other Mahants against the State of Bihar for a declaration that the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act I of 1951) is a constitutionally invalid. The ground on which the suit based is that the Act violates the constitutional guarantee under Article 19 (1) (f) and Articles 25 and 26 of the Constitution of India. The State of Bihar has contested the suit and it is claimed on its behalf that all the provisions of the impugned Act are constitutionally valid and the restrictions imposed by the various sections of the Act are within the permissible limits contemplated by the Constitution of India.

(2.) The two main issues arising in the suit are (1) is the suit bad for non-compliance with, the provisions under Section 80 of the Civil Procedure Code? and (2) Is the Bihar Hindu Religious Trusts Act, 1930 (Bihar Act I of 1951) unconstitutional, ultra vires and void for any of the reasons stated in the plaint?

(3.) As regards the first issue there is an averment in the plaint that notice under Section 80 of the Code of Civil Procedure had been served on the Chief Secretary of the Government of Bihar on the 8th of September, 1951. In the written statement (paragraph 3) there is a denial on behalf of the defendant that there is non-compliance of the provisions of Section 80 of the Civil Procedure Code. The denial on behalf of the defendant is vague and the learned Government Pleader was not able to satisfy us in the course of argument how the notice given by the plaintiffs did not fulfil the requirements of Section 80. In our opinion the provisions of Section 80 have been sufficiently complied with on the part of the plaintiffs and this issue must be answered in favour of the plaintiffs and against the defendant.