- (1.) This is plaintiff's appeal under Section 100 C.P.C. As per the prevalent practice of this Court, this appeal was presented before Registrar and admitted by him on 17.8.1988 with a direction of listing appeal before Court for hearing under Order 41 Rule 11 C.P.C. on 25.8.1988. Thereafter, notice was issued to respondents on 4.2.1998. It however does not appear from record that this Court after hearing appeal under Order 41 Rule 11 C.P.C. at any point of time found that there has arisen any substantial question of law, which may give rise to an occasion to hear appeal under Order 41 Rule 13 C.P.C. It has remained pending in the process for almost one and half decade and more, but it does not appear from record that this Court made any observation at any point of time that it does/or not give rise to any substantial question of law and the same has/have not been formulated till date.
(2.) Be that as it may, I heard Sri P.K. Jain, learned Senior Advocate, assisted by Sri Rajesh Gupta, Advocate, for appellant and Sri Vivek Chaudhary and Sri Rahul Mishra, Advocates, for respondents on 29.4.2014 and thereafter following four substantial questions of law, which in my view have arisen in this matter and required to be adjudicated by this Court, were formulated: (i) Whether Bhagirathi Devi, by will dated 5.9.1932, created a private Trust or a public Trust or Public Charitable Trust? (ii) Whether a Trustee can delegate any of his duties without permission of Court in view of Section 46 and 47 of Indian Trusts Act, 1882 (hereinafter referred to as "Act, 1882")? (iii) Whether Sri Har Swaroop, who accepted and entered upon the Trust in view of desire expressed by author of will dated 5.9.1932 had authority to transfer his duties and liabilities without permission of the Court? (iv) Whether Sri Har Swaroop had any authority to execute himself will dated 7.12.1937?
(3.) As requested by learned counsels for parties, this matter was directed to be placed on 5.5.2014, on board, for hearing under Order 41 Rule 13 C.P.C., on which date it was again directed to be placed on 06.05.2014.;