Case Note & Summary
The appellants, original plaintiffs, filed a suit in the City Civil Court, Mumbai, seeking various reliefs against the trustees of Respondent No.3 Trust, alleging illegal activities and inaction by the Charity Commissioner. The trial court, by order dated 21 August 2013, returned the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908, holding that it lacked jurisdiction in view of Sections 80 and 50 of the Bombay Public Trust Act, 1950. The plaintiffs appealed. The High Court noted that the plaint itself acknowledged that the subject matter fell within the domain of the Charity Commissioner, and the plaintiffs had approached the civil court only because the Charity Commissioner was not taking action. The court held that the civil court's jurisdiction is barred when the Act provides a complete mechanism for redressal. The appeal was dismissed, and the order returning the plaint was upheld, allowing the plaintiffs to present the plaint before the proper forum.
Headnote
A) Civil Procedure - Return of Plaint - Order VII Rule 10 CPC - Jurisdiction - Civil court lacks jurisdiction to entertain suit relating to administration of public trust when exclusive remedy lies before Charity Commissioner under Bombay Public Trust Act, 1950 - Held that plaint was rightly returned for presentation before proper forum (Paras 1-5).
B) Trust Law - Exclusive Jurisdiction - Sections 80 and 50 of Bombay Public Trust Act, 1950 - Charity Commissioner has exclusive authority to deal with matters concerning trust property and administration - Civil court cannot assume jurisdiction merely because Charity Commissioner is allegedly inactive - Held that plaintiffs must approach Charity Commissioner for relief (Paras 3-5).
Issue of Consideration
Whether the City Civil Court had jurisdiction to entertain a suit concerning the affairs of a public trust in view of the specific provisions of the Bombay Public Trust Act, 1950.
Final Decision
The appeal is dismissed. The order dated 21 August 2013 passed by the City Civil Court, Mumbai, returning the plaint under Order VII Rule 10 CPC is upheld. The appellants are at liberty to present the plaint before the proper forum.
Law Points
- Jurisdiction of civil court barred under Section 80 read with Section 50 of Bombay Public Trust Act
- 1950
- Order VII Rule 10 CPC
- Return of plaint for lack of jurisdiction
Case Details
2013 LawText (BOM) (10) 62
Appeal from Order (ST) No.24312 of 2013 with Civil Application (ST) No.24736 of 2013
Mr. Sandeep Sharma for Appellants; Mr. Amardev J. Uniyal and Sweedal S. Karkada for Respondent Nos.1 & 3
Tasadduq Husain Qureshi and Ansari Ramzan Ali
Asif Abdul Bashar Qureshi, Noor Mohammad Abdulla Shaikh, Islamic Centre for Studies and Welfare Trust, The Charity Commissioner, The Senior Inspector of Police
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Nature of Litigation
Appeal from order returning plaint for lack of jurisdiction in a suit concerning administration of a public trust.
Remedy Sought
Appellants sought to set aside the order returning the plaint and to have the suit heard by the City Civil Court.
Filing Reason
The trial court held it had no jurisdiction to entertain the suit in view of Sections 80 and 50 of the Bombay Public Trust Act, 1950.
Previous Decisions
The City Civil Court, Mumbai, by order dated 21 August 2013, returned the plaint under Order VII Rule 10 CPC.
Issues
Whether the City Civil Court had jurisdiction to entertain a suit concerning the affairs of a public trust in view of the specific provisions of the Bombay Public Trust Act, 1950.
Submissions/Arguments
Appellants argued that the Charity Commissioner was not taking action, forcing them to approach the civil court.
Respondents contended that the civil court lacked jurisdiction as the matter fell exclusively within the purview of the Charity Commissioner under the Bombay Public Trust Act.
Ratio Decidendi
The civil court has no jurisdiction to entertain a suit relating to the administration of a public trust when the Bombay Public Trust Act, 1950 provides a complete mechanism for redressal through the Charity Commissioner. The plaint was rightly returned for presentation before the proper forum.
Judgment Excerpts
The learned Judge, of City Civil Court, Mumbai by order dated 21 August 2013 on the ground of jurisdiction, returned the plaint under Order VII Rule 10 of the Code of Civil Procedure (CPC) by holding that the Court has no jurisdiction to entertain the suit in view of specific provisions under Section 80 read with Section 50 of the Bombay Public Trust Act, 1950 (BPT Act).
The Plaintiffs-Appellants, persons interested, have filed the Suits for various reliefs stating it to be against the members/elected trustees of Respondent No.3-Trust. There is no averment in the plaint that they are holding any post and/or they are the office bearer of the Trust on the date of filing of the suit.
Procedural History
The original plaintiffs filed a suit in the City Civil Court, Mumbai. The trial court, by order dated 21 August 2013, returned the plaint under Order VII Rule 10 CPC for lack of jurisdiction. The plaintiffs appealed to the High Court of Bombay.
Acts & Sections
- Code of Civil Procedure, 1908: Order VII Rule 10
- Bombay Public Trust Act, 1950: Section 80, Section 50
