SHEO SHANKAR CHOUBEY AND OTHERS Vs. BIHAR HINDU RELIGIOUS TRUST BEARD

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure involves an important question of law as to whether the authority under Section 43 of the Bihar Hindu Religious Trusts Act (hereafter to be referred to as the Act) is a court and thus amenable to the revisional jurisdiction of this Court under Section 115 of the Code.

(2.) The Bihar Hindu Religious Trust Board (hereafter to be referred to as the Board) through its President filed an application before the authority appointed under Section 43 of the Act with the following prayers :--

(3.) Mr. Jagdish Pandey appearing for the petitioners has contended that the authority appointed under Section 43 of the Act is a Court subordinate to this Court within the meaning of Section 115 of the Code of Civil Procedure and this Court can revise its orders. On the other hand Mr. Brajeshwar Mallick appearing for the Board has contended that the authority is merely a persona designate and not a court. The provisions of Section. 43 of the Act and of the relevant rules made Under the Act unmistakably show that the authority is a Court. Subsection (1) of Section 43 deals with the appointment of the authority and the proviso to this sub-section lays down as to who can be appointed as an authority. Rule 10 of the Bihar Hindu Religious Trusts Rules, 1952, framed under the Act also lays down that applications filed under Sub-section (1) of Section 43 shall be duly signed and verified and shall contain the details of the property concerned sufficient to identify it and that the form of such verification shall be the same as laid down in the Code of Civil Procedure for verifying a plaint. Sub-section (2) of .Section 43 provides for notice to the public as well as to the persons interested in the matter. According to Sub-section (3) before giving its decision the authority has to take into consideration the claims filed before it, that is, the pleadings of the parties, hear them and take such evidence as is adduced before it. Sub-section (8) confers upon the authority the powers of a court under the Code of Civil Procedure in respect of the matters enumerated in that sub-section. Sub-section (9) is important for deciding the question under consideration. It runs as follows :--