Case Note & Summary
The case involves an Interim Application (L) No.1063 of 2021 filed by Rao Educational Trust seeking impleadment in a pending Writ Petition (L) No.2331 of 2019 filed by Manju Ramesh Jaiswal against the State of Maharashtra and others. The applicant claimed to be a beneficiary of the trust and argued that it had a right to be heard before any order affecting the trust property was passed. The court, after hearing the parties, allowed the application, holding that a person claiming to be a beneficiary of a trust is entitled to be impleaded to protect their interests. The court did not delve into the merits of the claim but permitted the impleadment subject to the applicant filing an affidavit stating that it would not seek any adjournment and would cooperate in the disposal of the main petition. The court also directed that the main petition be heard on merits.
Headnote
A) Civil Procedure - Impleadment - Right to be heard - Order 1 Rule 10 CPC - Beneficiary of Trust - The applicant, claiming to be a beneficiary of a trust, sought impleadment in a writ petition concerning the management of the trust's educational institution. The court held that a person who claims to be a beneficiary has a right to be heard before any order affecting the trust property is passed, and allowed the impleadment. (Paras 1-5)
Issue of Consideration
Whether the applicant, claiming to be a beneficiary of a trust, is entitled to be impleaded in the pending writ petition concerning the management of the trust's educational institution.
Final Decision
The court allowed the Interim Application (L) No.1063 of 2021, permitting the applicant to be impleaded as a party in the writ petition, subject to the applicant filing an affidavit stating that it will not seek any adjournment and will cooperate in the disposal of the main petition. The court also directed that the main petition be heard on merits.
Law Points
- Right to be heard
- Impleadment
- Beneficiary of trust
- Natural justice
- Order 1 Rule 10 CPC
Case Details
2021 LawText (BOM) (01) 70
Interim Application (L) No.1063 of 2021 in Writ Petition (L) No.2331 of 2019
Dipankar Datta, CJ, G. S. Kulkarni, J.
Mr.S.C.Naidu with Dr.Ramesh Asawa, Mr.Aniketh Poojari, Mr.Sudesh Naidu i/b. Mr.Aditya Hegde for the applicant; Mr.A.Y.Sakhare with Mr.Chirag Shah, Mr.Rohan Mirpury and Mr.Raj Adhia i/b. Mr.Jayesh Patel for the petitioner; Ms.Geeta Shastri - Additional Government Pleader for the State; Mr.Kiran Gandhi i/b. M/s.Little and Co. for respondent no.9; Mr.Ashish Kamat with Mr.Vishesh Malviya, Ms.Kinjal Shah and Ms.Pooja Vasandani i/b. M/s. Rashmikant and Partners for respondent no.6; Dr.Birendra Saraf - Senior Advocate i/b.Mr.Rahul Soman for the proposed intervener.
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Nature of Litigation
Interim application for impleadment in a pending writ petition concerning management of an educational institution run by a trust.
Remedy Sought
The applicant, Rao Educational Trust, sought to be impleaded as a party in the writ petition.
Filing Reason
The applicant claimed to be a beneficiary of the trust and asserted a right to be heard before any order affecting the trust property was passed.
Issues
Whether the applicant is entitled to be impleaded in the writ petition as a beneficiary of the trust.
Submissions/Arguments
The applicant argued that it is a beneficiary of the trust and has a right to be heard before any order affecting the trust property is passed. The petitioner opposed the impleadment.
Ratio Decidendi
A person claiming to be a beneficiary of a trust has a right to be heard before any order affecting the trust property is passed, and is entitled to be impleaded in proceedings concerning the trust.
Judgment Excerpts
The prayers therein read as follows: a) That the ex-parte ad-interim order dated ...
The court allowed the application and permitted the applicant to be impleaded.
Procedural History
The writ petition was filed by Manju Ramesh Jaiswal against the State of Maharashtra and others. The applicant filed an interim application seeking impleadment. The court heard the application and allowed it.
Acts & Sections
- Code of Civil Procedure, 1908: Order 1 Rule 10
