Case Note & Summary
The petitioner, Janak Dilip Dwarkadas, an ex-trustee of respondent no.3 trust (Bai Kabibai and Hansraji Morarji Charity Trust), filed a writ petition challenging the order of the Joint Charity Commissioner, Greater Mumbai Region, dated 20th April 2018, which rejected his application for deletion of his name from the cause title in a revision application filed by respondent no.2, Ravindra D. Hingwala. The revision application was filed under Section 70A of the Maharashtra Public Trust Act, 1951, challenging a scheme of administration framed under Section 41 or 50 of the Act. The petitioner argued that he was neither a necessary nor a proper party to the revision as he had ceased to be a trustee and had no interest in the trust property. The Joint Charity Commissioner rejected the application without hearing the petitioner, merely noting that the petitioner was a necessary party. The High Court, per Justice S.C. Gupte, held that the impugned order was unsustainable as it violated principles of natural justice and the petitioner was not a necessary or proper party. The court observed that the revision application's scope was limited to examining the legality of the scheme, and the petitioner's role as an ex-trustee was irrelevant. The court allowed the petition, set aside the order, and directed the Joint Charity Commissioner to delete the petitioner's name from the cause title of the revision application.
Headnote
A) Trust Law - Impleadment of Ex-Trustee in Revision - Necessary or Proper Party - Maharashtra Public Trust Act, 1951, Sections 70A, 41, 50, 72 - The petitioner, an ex-trustee, sought deletion from a revision application filed by respondent no.2 challenging a scheme of administration. The Joint Charity Commissioner rejected the application. The High Court held that the petitioner was neither a necessary nor a proper party as the revision concerned the scheme's validity and the petitioner had no subsisting interest in the trust. The order was set aside for violating principles of natural justice as the petitioner was not heard. (Paras 1-12)
B) Trust Law - Revision Application - Scope of Inquiry - Maharashtra Public Trust Act, 1951, Section 70A - The revision application under Section 70A is limited to examining the legality or propriety of the order passed under Section 41 or 50. The petitioner's role as an ex-trustee was not relevant to the revision's subject matter. (Paras 7-9)
C) Civil Procedure - Necessary and Proper Party - Test for Impleadment - The test is whether the party's presence is essential for effective adjudication or to avoid multiplicity of proceedings. An ex-trustee with no subsisting interest does not meet this test. (Paras 8-10)
Issue of Consideration
Whether the petitioner, an ex-trustee, is a necessary or proper party to a revision application filed under Section 70A of the Maharashtra Public Trust Act, 1951, and whether the Joint Charity Commissioner's order rejecting his deletion application is sustainable.
Final Decision
The High Court allowed the writ petition, set aside the order of the Joint Charity Commissioner dated 20th April 2018, and directed the Joint Charity Commissioner to delete the petitioner's name from the cause title of the revision application.
Law Points
- Necessary party
- proper party
- impleadment
- natural justice
- revision application
- Maharashtra Public Trust Act
- 1951
- Section 70A
- Section 41
- Section 50
- Section 72
Case Details
2018 LawText (BOM) (04) 106
Writ Petition No.312 of 2018
Mr. Darius Khambata Sr. Advocate a/w Mr. Sharan Jagtiani, Ms. Sneha Jaisingh for Petitioner; Ms. Jyoti Chavan Asst. Govt. Pleader for Respondent no.1; Mr. R.P. Walwaikar for Respondent no.2; Ms. Rashida F. Savliwala I/b M/s Dhruve Liladhar & Co for Respondent nos.3,4,6 and 7
The Joint Charity Commissioner, Greater Mumbai Region, Mumbai; Ravindra D. Hingwala; Bai Kabibai and Hansraji Morarji Charity Trust; Dilip D. Udeshi; Vijaysingh V. Ved; Jaysingh L. Thakkar; Sudhir Ajitkumar Merchant
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Nature of Litigation
Writ petition challenging the order of the Joint Charity Commissioner rejecting the petitioner's application for deletion of his name from the cause title in a revision application.
Remedy Sought
The petitioner sought deletion of his name from the cause title of the revision application filed by respondent no.2 before the Joint Charity Commissioner.
Filing Reason
The petitioner, an ex-trustee, was impleaded as a party-respondent in a revision application challenging a scheme of administration. He applied for deletion on the ground that he was neither a necessary nor a proper party.
Previous Decisions
The Joint Charity Commissioner rejected the petitioner's application for deletion by an order dated 20th April 2018.
Issues
Whether the petitioner is a necessary or proper party to the revision application under Section 70A of the Maharashtra Public Trust Act, 1951.
Whether the Joint Charity Commissioner's order rejecting the deletion application is sustainable in law and on facts.
Submissions/Arguments
The petitioner argued that he was an ex-trustee with no subsisting interest in the trust and that the revision application concerned the validity of a scheme, not his personal rights.
The respondents contended that the petitioner was a necessary party as he was involved in the trust's affairs and the revision might affect his interests.
Ratio Decidendi
An ex-trustee with no subsisting interest in the trust is neither a necessary nor a proper party to a revision application under Section 70A of the Maharashtra Public Trust Act, 1951, which is limited to examining the legality or propriety of an order under Section 41 or 50. The Joint Charity Commissioner's order rejecting the deletion application without hearing the petitioner violated principles of natural justice.
Judgment Excerpts
The controversy in the present petition concerns impleadment of the petitioner as a party-respondent to the revision application filed by respondent no.2 before the Joint Charity Commissioner.
The petitioner applied for deletion of his name from the cause title on the ground that he is neither a necessary nor a proper party to the revision.
The Joint Charity Commissioner rejected the application without hearing the petitioner, merely noting that the petitioner was a necessary party.
The revision application under Section 70A is limited to examining the legality or propriety of the order passed under Section 41 or 50.
An ex-trustee with no subsisting interest does not meet the test of necessary or proper party.
Procedural History
The petitioner filed an application before the Joint Charity Commissioner for deletion of his name from the cause title in a revision application filed by respondent no.2. The Joint Charity Commissioner rejected the application on 20th April 2018. The petitioner then filed the present writ petition under Article 226 of the Constitution of India challenging that order.
Acts & Sections
- Maharashtra Public Trust Act, 1951: Section 70A, Section 41, Section 50, Section 72
