- (1.) THE Judgment of the Court was as follows : one Gopal Lal Dhar has taken out this application dated september 15th, 2008 for his addition to the suit as a plaintiff. His case is that in view of what was said - in the Deed dated August 14th, 1878 (Annexure - C) he ought to have been joined as a plaintiff. The relevant portion of the Deed on which he is relying is as follows :- "till date we did not require a trustee but In future when the number of Sebaits will increase if there be any difference amongst them considering this fact we on this day execute this deed giving directions, pursuant to the said deed of gift, that if in future it becomes necessary to institute suits and to litigate for preserving the said property and any of the Seandaits comes forward of his own initiative to preserve the said property at his own cost then the other Sebaits shall accept him as the legal Trustee and all the work shall be carried on according to his desire and in future the Trustee shall be appointed from his descendants. "
(2.) THE first plaintiff is one of the shebaits, and it is not disputed that Gopal is also one of the shebaits. The first plaintiff, as argued by mr. Sinha, Counsel for the plaintiffs, instituted the suit in view of the provisions made in the Deed dated August 14th, 1878 stating under what circumstances a shebait instituting suits for preserving the property would be accepted by the other shebaits as the legal trustee. Gopal's application is being opposed by the first plaintiff on the principal ground that by taking steps today to get himself added as a plaintiff to the suit filed in the year 1990 Gopal cannot say that he is also entitled to act as the legal trustee.
(3.) MR. Sinha has strongly opposed this application by referring to Gopal's conduct that though he was aware of the Deed and the pendency of the suit, he approached this Court after long 18 years. In the reply Gopal has said that he had no knowledge of pendency of the suit. In the application he has said that he acquired knowledge of the suit only from the daily cause list of this Court of April 13, 2005. According to Mr. Sinha in the present case Gopal cannot assert any right under the Deed dated August 14th, 1878, though the first plaintiff having instituted the suit for preservation of the property acquired a right to say that the other shebaits of the property are bound to accept him as the legal trustee.;