BAIJNATH Vs. STATE OF M P
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
Click here to view full judgement.
(1.) THE plaintiff Durga Prasad filed a civil suit in the Court of the IIIrd Additional District Judge, Jabalpur, under section 8 of the Madhya pradesh Public Trusts Act, 1951 for a declaration that the entry No. 305 in the register of Public Trusts was void and that the house in suit did not belong to any public trust. The suit has been filed against the Registrar of Public Trusts, jabalpur and the State of Madhya Pradesh as defendants. In this suit, the applicant Baijnath made an application under rule 10 of Order 1 of the Code of Civil Procedure for being added as a party defendant to the suit on the ground that he was a necessary or, at least, a proper party because-
(i) the Registrar had given his finding under section 6 of the Act on an inquiry initiated at his instance,
(ii) his presence would be necessary for adducing evidence against the contentions of the plaintiff,
(iii) he was a person interested in the trust and had moved an application to the Registrar for the registration of the trust, and
(iv) his presence would be necessary for a decision of the matters in controversy in the suit.
(2.) THE application was opposed by the plaintiff, and the trial Court dismissed the application holding, inter alia,-
(a) that the presence of the applicant was not necessary to enable it to effectually and completely adjudicate upon and settle all the questions involved in the suit;
(b) that the fact that the presence of the applicant was necessary for adducing evidence did not make hern either a necessary or a proper party; and
(c) that the applicant, beyond stating that he was interested in the trust, had not stated how he was interested in it.
(3.) THE learned counsel for the applicant contends that the learned Additional District Judge has erred in the exercise of his jurisdiction in dismissing the application of the applicant for a joinder and that he should be ordered to be joined in exercise of my re-visional powers under section 115 of the Code of civil Procedure.;
Copyright © Regent Computronics Pvt.Ltd.