AIR 1940 NAGPUR 262

Nagpur High Court

Hon'ble Judge(s): Gruer , J

(A) C.P. Religious and Charitable Trusts Act (18 of 1937) , S.10— Inquiry into past administration and redress is beyond scope of Act. An inquiry into past administration and redress for the same is clearly beyond the scope of the Act, and the proper remedy would be by a regular civil suit.(Para 263C2) (B) C.P. Religious and Charitable Trusts Act (18 of 1937) , S.12— Two applicants empowered by more than three persons - Application cannot be deemed to be made by three or more - Such defect is not curable. Under S.12 the written report itself has to be made by three persons. The idea is that three persons represent those having interest in the public trust and the Legislature does not contemplate that these three persons in their turn be represented by a smaller number. It cannot be assumed that because two applicants have been empowered by more than three persons the application itself is to be deemed to be made by three or more. O.7, R.4, Civil P.C., is not applicable to such case and a defect like this is not curable as it means that the application was bad at its institution and amendment could not better it :(Para 263C2) .....