- (1.) This is an application supported with affidavit, filed on behalf of Birbal Sahni Institute of Paleobotanical Society, Lucknow, through its Secretary for being impleaded in the array of respondents as respondent No. 3 in the appeal. Sri B.C. Agarwal, learned Counsel for the appellant has opposed the application raising plea, that the application is not maintainable. However, he has not filed any counter-affidavit in response to this application.
(2.) It shall be appropriate to discuss in brief the facts pleaded on record in support of the application-- (i) Prof. Birbal Sahni was a scientist of eminence in the field of Paleobotany. He formed a Paleobotany Society in 1946, which was registered under the Societies Registration Act, 1860 on 3.6.1946 with the sole objective of promotion of higher studies and research in Fossil Botany on all India basis as well as for International Studies for purely scientific aspects and its applications to the problems of Economic Geology. (ii) In order to establish a Research Institute with a broad international outlook comprising of the basic infrastructure including laboratory, library, museum, auditorium, residential quarters and other necessary buildings, the Society was empowered to generate finances for the said objective and for this purpose Prof. Birbal Sahni donated Rs. 1,00,00.00 from his personal account to the Society. On the initiation of Prof. Sahni, the State authorities of the then United Province were approached for grant of land and building situated at 53, University Road, Lucknow, which situated over a land ad-measuring 3.54 acres for the establishment of Paleobotanical Research Centre. The land was granted by the Government in the name of Paleobotanical Society, Lucknow by execution of a deed of Grant dated 5.1.1950. Thus, the Institute was established of which Prof. Birbal Sahni was the Honorary Director. He was also the Secretary of the Governing Body of the Society and his wife Smt. Savitri Sahni was the President of the Society. The foundation stone of the Institute was laid by first Prime Minister Pt. Jawahar Lal Nehru on 3.4.1949. (iii) Prof. Birbal Sahni left for heavenly abode on 10.4.1949. After his death, the Governing Body of the Society proposed to change the name of the Society with the name and title, "Birbal Sahni Institute of Paleobotany Society", in the name of illustrious founder. The society got registered in 1946 and continued to develop the work upto 1969 whereafter, on 25.8.1969 the General Body of the Institute authorised the Governing Body to direct trusties to transfer the Birbal Sahni Institute of Paleobotany and its assets to a new Society namely, "Birbal Sahni Institute of Paleobotany Society which was also a registered Society under the Societies Registration Act. The transfer of assets in pursuance of the resolution completed on 12.11.1969. In December, 1969, the Paleobotanical Society reconstructed itself as a professional body and decided to start a new journal in the name of "Geo-Phytology from 1971. (iv) Prof. Birbal Sahni had executed a registered Will dated 27.6.1945 by means of which he had bequeathed all his movable and immovable property existing at the time of his death to his wife Smt. Savitri Sahni. Thereafter Birbal Sahni subsequently executed a registered Codicil dated 23.9.1946 to the said Will which provided that in case his wife Smt. Savitri Sahni predeceased him, all his movable and immovable property existing at the time of his death and any other property which may have accrued to him under the Will, if any, of his wife or from any other source whatsoever, should be transferred absolutely to the Paleobotanical Society, Lucknow for the promotion of higher studies and research in fossil botany. A copy of the Codicil dated 23.9.1946 has been annexed to the affidavit as Annexure No. S-1. (v) Smt. Savitri Shani, wife of Prof. Birbal Sahni had also executed a Will dated 27.6.1945 separately which was registered in the Office of Sub-Registrar, Almorah by means of which she had bequeathed all her movable and immovable property to her husband Prof. Birbal Sahni. She has also executed a Codicil Will on 23.9.1946 in the Office of Sub-Registrar, Lucknow and provided with reference to the Will dated 27.6.1945, that if her husband predeceased her, then all her movable and immovable property existing at the time of her death including the remaining portion, accrued to her under the Will of her husband dated 27.6.1945 and/or which may have accrued to her from any other source whatsoever, shall be transferred absolutely to the Paleobotanical Society, Lucknow for promotion of higher study and research in Fossil Botany, the objective for which the Society was formed.
(3.) It has been stated by the learned Counsel for the applicant that the Executive Council, vide its resolution dated 3.10.1994, resolved that the entire research work of the Institute be handed over to the respondent No. 2 i.e., Paleobotanical Society and other works including the management of property left over by Prof. Birbal Sahni and his wife Smt. Savitri Sahni, is to be looked after by the applicant namely, Birbal Sahni Institute of Paleobotanical Society, Lucknow. Submission is that since the Institute is managing the affairs of the property, it is the necessary party and application moved by him, be allowed in view of provisions contained in Order I, Rule 10(2), C.P.C.;