2016 AIR CC 1045 (ALL) ::2016 (2) ALJ 238 ::(2016) 1 ADJ 42 (ALL) ::(2016) 115 All LR 331 ::(2016) 2 All WC 1389

Allahabad High Court

Hon'ble Judge(s): Sudhir Agarwal, Brijesh Kumar Srivastava , JJ

( A ) Civil Procedure Code (5 of 1908) S. 21 — Objection as to jurisdiction — If taken in pleadings before subordinate Court — Can be raised before appellate Court. AIR 1966 SC 634; AIR 1981 SC 1683 and AIR 1993 SC 2094, Rel. on. (Paras30)

( B ) Bombay Public Trusts Act (29 of 1950) S. 50 — Territorial jurisdiction — Suit relating to public trust or trustees — Can be filed in Court within whose local jurisdiction part of property of Trust is situate. (Paras3435)

( C ) Bombay Public Trusts Act (29 of 1950) S. 51 — Permission of Charity Commissioner — Suit relating to public trust and trustees — Filing of — Objection as to taking prior permission of Charity Commissioner not raised before subordinate Court — Cannot be raised for first time in appeal especially in absence of any pleading. (Paras36)

( D ) Bombay Public Trusts Act (29 of 1950) S. 50 — Bar to suit — Suit for removal and appointment of trustees — Adjudicatory forum specifically provided in Act for dealing with subject matter of suit — Plea raised as to suit being barred, not tenable. (Paras37)