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U.V. Singh v. Krishnavtar - WRIT - C No. 256 of 1990 [2007] RD-AH 6297 (5 April 2007)


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Court No.28

Civil Revision No.256 of 1990

Ganga Prasad Master and others Vs. Chathu Giri

Hon'ble S.U. Khan, J.

List revised. No one appears for the respondent.

Heard learned counsel for the applicants.

Applicants filed an application for their appointment as trustees under Section 73/74 of the Indian Trust Act, 1882. The said application was allowed on 24.01.1987 by District Judge, Ballia (Misc. Case No.82 of 1986). Thereafter, opposite party filed an application for recall of the said order, which was registered as Misc. Case No.280 of 1987. District Judge, Ballia on 24.03.1990 allowed the said application and recalled his earlier order dated 24.01.1987. The said order has been challenged through this revision.

In the order dated 24.03.1990, it is mentioned as follows:-

"It appears to be expedient in the interest of justice that those concerned including beneficiaries of impugned trust be heard before appointment of the trustees."

In the impugned order, it was also found that publication of notice in the newspaper before passing order dated 24.01.1987 was defective.

I do not see any such error in the impugned order, which may be termed as jurisdictional error. It was quite appropriate for the District Judge to direct that the matter should be decided again after hearing the parties concerned, who were likely to be affected.

Accordingly, revision is dismissed. However, as no one has appeared on behalf of the opposite party in this revision, hence before proceeding further, notice shall be issued by the District Judge to opposite party of this revision. Publication shall also be made in some such daily Hindi newspapers, which has got wide circulation in the area in question like ''Dainik Jagaran' or ''Amar Ujala' published from the place nearest  from the village/town in question (where property in dispute is situate).

In this revision, an interim order was passed on 17.04.1990, which is quoted below:-

"The operation of the order passed by the District Judge, Ballia shall remain stayed until further orders of this Court subject to the condition that the trustees before taking any action in respect of the trust property will have to obtain prior permission of the District Judge. It is being made clear that the trustees will not be entitled to act except after obtaining express prior permission from the District Judge in respect of any act pertaining to the trust property."

Until decision of the matter by the District Judge, the said order shall remain in operation. However, applicants shall not be permitted to delay the proceedings of the case.




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