- (1.) Brief facts giving rise to this writ petition are that Harbhajan Singh, Secretary, Khalsa Dewan Main Doab, Ambala City, and Amarjeet Singh, Manager, Parbandhak Committee of Khalsa High School, Ambala City, respondent Nos. 3 and 4, instituted a Miscellaneous Petition No. 25-T on February 21, 1992 under Section 3 of the Charitable and Religious Trusts Act, 1920 (hereinafter referred to as 'the Act') in the Court of District Judge, Patiala. Amongst others, Smt. Inderjit Kaur, Headmistress of Khalsa High School, Ambala City - petitioner herein, was impleaded as a respondent in that petition. She filed written objections dated April 8, 1992 under sub-section (3) of Section 5 of the said Act. The precise objection was that the Khalsa High School, Ambala City, was being run by Khalsa Dewan Main Doab, which was a registered society duly registered vide Certificate of Registration (Annexure 'P-1') to the writ petition) under the Societies Registration Act, 1860, and it was not a trust. No further proceedings took place before the District Judge until the passing of the impugned order dated December 8, 1993 (Annexure 'P-4') to which we will advert a little later.
(2.) Later in point of time, the aforesaid respondent Nos. 3 and 4 instituted a petition similar to the one instituted by them before the District Judge, Patiala, in the Court of District Judge, Ambala. It was registered as Petition No. 34 dated March 4, 1992. Smt. Inderjit Kaur - petitioner moved an application under sub-section (3) of Section 5 of the Act for stay of the proceedings before the District Judge, Ambala, and by order dated September 28, 1992 (Annexure 'P-2') the proceedings were stayed. Thereafter Smt. Inderjit instituted Civil Suit No. 670 in the Court of Senior Subordinate Judge, Ambala, on December 14, 1992. Though it is not material for the present purposes, but to complete the narration, the plaint in the said suit was rejected under Order 7, Rule 11 of the Code of Civil Procedure by the learned Subordinate Judge Ist Class, Ambala, by order dated September 29, 1993 (Annexure 'P-3'). Smt. Inderjit Kaur has preferred an appeal which is pending before the leaned Additional District Judge, Ambala.
(3.) Coming back to the proceedings pending before the District Judge, Patiala, to which reference in necessary detail was made in the opening part of this order, it may be stated that the District Judge, Patiala, by order dated December 8, 1993 (Annexure 'P-4') allowed the Miscellaneous Petition No. 25-T. In the order it was pointed out that in the objections filed by Smt. Inderjit Kaur on April 8, 1992, an undertaking was given to institute the suit within a period of three months. The record, however, showed that the said suit was not filed within the period of three months from the date of undertaking and he, therefore, proceeded to dispose of the main Miscellaneous Petition on merits. The petition was allowed by the said order (Annexure 'P-4') and a direction was issued to the respondents impleaded in the petition to render information to the petitioners in terms of Section 3 of the Act. He also directed that accounts of the trust shall be got examined and audited for a period of three years commencing from February 13, 1989 onwards, the petition having been filed on February 13, 1992. It is this order of the District Judge, Patiala, which has been assailed in the present writ petition.;