# Aliganj Sri Mahaveer Ji Trust v. The D.J. Lucknow & Ors

- **Citation:** (2022) 2 ILRA 370
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-02-17
- **Case number:** Misc. Single No. 3066 of 2011
- **Bench:** Attau Rahman Masoodi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/aliganj-sri-mahaveer-ji-trust-v-the-d-j-lucknow-ors-48120
- **Pages:** 10

## Headnote

Constitution of India, Article 227 -
Aliganj Sri Mahaveer Ji Trust - scheme of
management - Trust in question is a
public charitable and religious Trust -
original scheme of management became
in-operative on account of the fact that
it could not be traced to any legitimate
succession - Court in its endeavour to
finalise
a
scheme
of
management,
nominated retired judge to draft a
scheme of management - final draft
scheme of management (Annexure-F)
was
submitted
-
new
scheme
of
management
flagged
as
Annexure-F
approved
and
substituted
in
supersession of the original scheme -
any future dispute in relation to the
management of the Trust to be settled
keeping in view the provisions of the
new scheme of management finalised in
terms of the judgement

Allowed. (E-5)

## Text

370 INDIAN LAW REPORTS ALLAHABAD SERIES
driver if at all filed by him, the said amount
be deposited by the Insurance company.

25. As far as issue of rate of interest is
concerned, the interest should be 7.5% in view
of the latest decision of the Apex Court in
National Insurance Co. Ltd. Vs. Mannat
Johal and Others, 2019 (2) T.A.C. 705 (S.C.),
wherein the Apex Court has held as under :

"13. The aforesaid features equally apply
to the contentions urged on behalf of the
claimants as regards the rate of interest. The
Tribunal had awarded interest at the rate of
12% p.a. but the same had been too high a
rate in comparison to what is ordinarily
envisaged in these matters. The High Court,
after making a substantial enhancement in the
award
amount,
modified
the
interest
component at a reasonable rate of 7.5% p.a.
and we find no reason to allow the interest in
this matter at any rate higher than that
allowed by High Court."

26. No other grounds are urged orally
when the matter was heard.

27. In view of the above, the appeal is
partly allowed. Judgment and award passed by
the Tribunal shall stand modified to the
aforesaid extent. The respondent-Insurance
Company shall deposit the amount within a
period of 12 weeks from today with interest at
the rate of 7.5% from the date of filing of the
claim petition till the amount is deposited. The
amount already deposited be deducted from
the amount to be deposited. The Insurance
Company who will deposit the entire amount
can have their right to recover the amount
from owner and the Insurance Company of the
other vehicle. As far as deceased is concerned,
it is a case of composite negligence, hence, the
amount cannot be deducted from the
compensation awarded to the claimants who
are the heirs of a non tort-feasor.

28. In view of the ratio laid down by
Hon'ble Gujarat High Court, in the case of
Smt. Hansagori P. Ladhani v/s The
Oriental
Insurance
Company
Ltd.,
reported in 2007(2) GLH 291 and this High
Court in , total amount of interest, accrued on
the principal amount of compensation is to be
apportioned on financial year to financial year
basis and if the interest payable to claimant for
any financial year exceeds Rs.50,000/-,
insurance company/owner is/are entitled to
deduct appropriate amount under the head of
'Tax Deducted at Source' as provided u/s 194A
(3) (ix) of the Income Tax Act, 1961 and if the
amount
of
interest
does
not
exceeds
Rs.50,000/- in any financial year, registry of
this Tribunal is directed to allow the claimant
to withdraw the amount without producing the
certificate from the concerned Income- Tax
Authority. The aforesaid view has been
reiterated by this High Court in Review
Application No.1 of 2020 in First Appeal
From Order No.23 of 2001 (Smt. Sudesna and
others Vs. Hari Singh and another) and in First
Appeal From Order No.2871 of 2016 (Tej
Kumari Sharma v. Chola Mandlam M.S.
General Insurance Co. Ltd.) decided on
19.3.2021 while disbursing the amount.

29. The record and proceedings be sent
back to the court below.
----------

(2022)02ILR A370
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 17.02.2022

BEFORE

THE HON'BLE ATTAU RAHMAN MASOODI, J.

Misc. Single No. 3066 of 2011

Aliganj Sri Mahaveer Ji Trust ...Petitioner
Versus
The D.J. Lucknow & Ors. ...Respondents
2 All. Aliganj Sri Mahaveer Ji Trust Vs. The D.J. Lucknow & Ors.
371
Counsel for the Petitioner:
S/Sri Saharsh Srivastava, Alok Sharma, Neeraj
Srivastava, Raj Vikram Singh, Srideep Chatterjee

Counsel for the Respondents:
S/Sri Akhilesh Kumar, B.P. Pandey, Girdhari Lal
Yadav, H.G.S. Parihar, Karunesh Singh Pawar,
Manish Kumar, Radhika Singh, Ramendra Kumar
Misra, Vivek Raj Singh

Constitution of India, Article 227 -
Aliganj Sri Mahaveer Ji Trust - scheme of
management - Trust in question is a
public charitable and religious Trust -
original scheme of management became
in-operative on account of the fact that
it could not be traced to any legitimate
succession - Court in its endeavour to
finalise
a
scheme
of
management,
nominated retired judge to draft a
scheme of management - final draft
scheme of management (Annexure-F)
was
submitted
-
new
scheme
of
management
flagged
as
Annexure-F
approved
and
substituted
in
supersession of the original scheme -
any future dispute in relation to the
management of the Trust to be settled
keeping in view the provisions of the
new scheme of management finalised in
terms of the judgement

Allowed. (E-5)

(Delivered by Hon'ble Attau Rahman
Masoodi, J.)

A. Relevance of worship in Temples and
management

1. Faith in God is a universal
phenomenon. The belief of people in the
deity Lord Hanuman is well acclaimed in
the world and mostly in India i.e. Bharat.
Aliganj Sri Mahaveer Ji Mandir in the city
of Lucknow, is a place of worship for
Hindus where people from all sects, castes
and creed come to offer prayers. The
centuries old history tells that people from
diversities come to make offerings and
perform Pooja. The spiritual belief of
getting rid of fatal diseases like leprosy is
something unique the temple is known for.
It is this belief that has led countless to
reach the epitome of success in business,
professions and other walks of life. For all
these
characteristics
the
temple
has
assumed the significance of a public place
of worship. The temple is famous for
holding the Pooja of Bada Mangal and
large sale fairs on the occasion of festivals
are also organised in the precincts of
temple.

2. Aliganj Sri Mahaveer Ji temple
came to be regulated as a public trust ever
since framing of a scheme of management
under the judgment reported in AIR 1920
Oudh 244 (Gauri Nath Kakaji and
others vs Ram Narain and others). The
Court while dealing with the lis, first of all
dealt with the question as to whether the
charitable
and
religious
endowments
attached to the deity are a trust private or
public. The ingredients of public trust were
found dominant, hence it was decided that
it is a public religious charitable Trust. The
management of the Trust was accordingly
designed of which the salient features can
be
gathered
from
the
scheme
of
administration embodied in the judgement
as under:

"The Scheme of Management

(1) The endowment shall be called the
Aliganj Shri Mahabirji Trust,

(2) Trust shall comprise the temple of
Mahabirji in Aliganj, Lucknow, with the
lands, buildings, groves trees, wells and
other properties moveable and immovable
appertaining or belonging thereto and shall
include any offerings that may be made at
the temple on any grants or gifts made
therefor and any property that may
372 INDIAN LAW REPORTS ALLAHABAD SERIES
hereafter be acquired by the trust or be
given or dedicated to it.

(3) The objects of the trust shall be

(a) to maintain the temple of Shri
Mahabirji and the properties appertaining
thereto in a proper state of repair and in a
good sanitary condition,

(b) to arrange for the regular
performance of the customary religious
services and worship thereat,

(c) to look after and arrange for
the convenience of pilgrims or visitors
visiting the temple for worship or devotion

(d) to do such other acts,
religious, educational or charitable, as may
be considered desirable by the committee,
for the advancement of learning or
religious instruction or for the support of
sadhus, fakirs or indigent students visiting
or staying in the precincts of the temple for
such instruction.

(4) The Trust shall be administered by
a committee consisting of five Hindu
residents of Lucknow as members of whom
one shall be a representative of the family
of Mahant Gopi Nath, related by blood or
adoption, so long as such a representative is
available, with power to appoint a secretary
and to elect a chairman from amongst
themselves for one year or for such period
as the committee may fix.

(5) The first committee shall consist of
(a) Lachhman Das, representing the family
of Mahant Gopi Nath, (b) Babu Basudeo
Lal
Bhargava,
advocate,
(c)
Babu
Lachhman Prasad Srivastava, vakil (d)
Bahtt Gur Prasad, contractor, and (e) Babu
Dalli Sah cloth merchant, Aliganj.

(6) The committee shall meet at least
once in every three months to examine
accounts, check receipts and expenditure
for the preceding months and to devise and
adopt measures for carrying out the
purposes of the trust and the protection of
the trust-property. It shall also hold an
annual meeting, in the month of Jeth as far
as practicable, to pass the annual accounts
and to frame the budget for the succeeding
year and also to elect a secretary and a
chairman for the succeeding year or for
such period as the committee may fix.

(7) A book showing the proceedings
of the committee and the members
attending each meeting shall be maintained
by the secretary.

(8) The secretary shall also maintain at
the main gate of the temple a visitor's book
open to the public in which any suggestions
which any member of the public or any
person interested in the Trust may have to
make for the better administration of the
Trust and any complaint which he may
have against the servants or employees or
managers of the Trust could be recorded.
The secretary shall lay the visitor's book for
the consideration of the committee of
management at its meetings, or earlier
when necessary.

(9) Subject to the control and direction
of the committee, the member of the family
of Mahant Gopi Nath appointed, or
hereafter elected on the Committee shall,
for the time being, be in immediate charge
of the worship and religious services to be
daily conducted at the temple and shall
keep a regular and accurate account of the
offerings received and the expenditure
incurred in connection with such worship
and religious services from day to day in
such manner as the committee may
prescribe, and in lieu of such services shall
receive for the maintenance of himself and
the other members of the family of Mahant
Gopi Nath, so long as they or any of them
exist and continue faithfully to discharge
those duties, an allowance equal to 50 per
cent, of the total income of the Trust, such
allowance being liable to forfeiture or
reduction for non fulfillment, neglect or
improper
discharge
of
any
of
the
2 All. Aliganj Sri Mahaveer Ji Trust Vs. The D.J. Lucknow & Ors.
373
obligations
herein
imposed
or
unwillingness of the members of the said
family to undertake the same, on an
application made to the principal Court of
original jurisdiction by any two members
of the committee.

(10) If the arrangement referred to in
the preceding rule is at any time found to
be unsatisfactory it will be open to the
secretary, subject to the control and
direction of the committee of management,
to adopt such measures as may be
considered necessary for the performance
of the duties therein referred to.

(11) Subject to R. 9, the entire
management of the Trust shall be vested in
the committee of management who shall be
empowered to make such arrangement as
may be considered necessary for the
keeping and examination of accounts, the
realization of the rents and income of the
Trust property, the collection and disposal
of the daily offerings at the temple and the
other
dues
connected
therewith,
the
engagement, dismissal and punishment of
servants and the safe custody or investment
of the trust property and funds as may from
time to time be considered necessary.
Every matter coming up before the
committee, shall, except as hereinafter
provided, be decided by a majority of
votes. In the absence of the chairman any
member present at the meeting may be
elected as chairman for the time being and
in the case of equality of votes the
president or chairman for the time being
shall have a second or casting vote.

(12) Three members shall form a
quorum, but when a meeting has been
adjourned for want of a quorum the
adjourned meeting shall not, except as
hereinafter provided, be governed by this
rule,

(13) If any member fails to attend the
sittings
of
the
committee
for
four
consecutive meetings or is absent from
Lucknow for a period of more than one
year he shall be deemed, if the committee
so declares, to have resigned his seat on the

(14) A member of the committee
found
guilty
of
any
malfeasance,
misfeasance or other improper conduct or
otherwise rendered unfit by any physical
ailment shall be liable to removal at the
instance of any two members of the
Committee or any two persons interested in
the Trust by an application made to the
principal
civil
Court
of
original
jurisdiction.

(15) On the occurrence of any vacancy
in the Committee by death, resignation,
removal, or otherwise, the remaining
trustees, if not less than three in number,
may, subject to the condition laid down in
R. 4, by mutual concurrence, fill up the
vacancy out of the Hindu residents of
Lucknow. In case of their failure or
disagreement or in any other event, the
principal
civil
Court
of
original
jurisdiction,
Lucknow,
may,
on
the
application of any two persons interested in
the Trust, select and appoint a person to fill
up the vacancy in the manner aforesaid.

(16) Till an appointment is made to fill
up a vacancy, any act done by the
remaining member or members shall,
notwithstanding anything contained in Rr.
4 and 12, be as effectual and binding as if it
had been done by the committee itself.

(17) The Committee shall sue and be
sued in the name of the Trust through its
Secretary and shall have power to do all
acts which might be reasonable and proper
for the realization, protection, or benefit of
the Trust property or for the protection of
the title thereto, and for carrying out the
object of the Trust, including an authority
to
compromise,
abandon,
submit
to
arbitration, or otherwise settle any debt,
account, claim, or any other thing relating
374 INDIAN LAW REPORTS ALLAHABAD SERIES
to
the
Trust,
and
to
execute
any
agreements, instruments or composition,
release and other things as may in the
interest of the Trust seem expedient.

(18) Any application arising out of
this, scheme or connected with the Trust
shall be made in continuance of these
proceedings in the principal civil Court of
original jurisdiction at Lucknow, and it
shall be within the competence of that
Court at any time to amend and modify this
scheme or any of its provisions in any
manner it thinks fit either of its own motion
or on an application made by not less than
two persons interested in the trust and also
to issue further or other directions as may
appear necessary from time to time."

3. Before elaborating on the necessity
of a management scheme in supersession to
the one reproduced above, it is desirable to
have a bird's view on the aspect of
veneration
of
a
particular
deity
in
constructed temples which practice is
unknown to Vedic period and for a long
time. The Gods worshipped are personified
forms of forces of nature such as Varuna
(water), Prithvi (earth), Rivers, Vayu (air),
Agni (fire), Surya (Sun) etc. The Fire God
was considered as intermediary between
the Gods and people. The process observed
for worship was yagna or yagya. It consists
in offering of milk, ghee, flesh and ''soma'
(ritual drink) to God through fire. This is
gathered
from
the
Hindu
Religious
Endowment Commission Report (1960-62)
drawn under the Chairmanship of C.P.
Ramaswami Aiyar.

4. James Heitzman a known
historian traces historical significance of
Hindu temples not only in the worship of
God but more importantly as the centers
of culture and social interaction and
conglomeration which gave support and
patronage to the livelihoods of priests,
sculptors, artisans, gardeners and others.
They were not epicenter of merely
worship and religion but the epicenter of
culture, civilisation, economic, social,
political and educational activities. This
is gathered from the article "Temple
Urbanism in Medieval South India"
published in the journal of Asian Studies
Vol. 46 No. 4 (Cambridge University
Press Association for Asian Studies).

5. This understanding, in my
humble view, is well supported by
examples like Ankorwat Temple City,
Vijayanagar Temple City etc. These
temples served as producer, consumer of
goods, employer and redistributor of
income.
The
performance
of
their
respective duties by the members of the
society was itself the way to spiritual
attainment.

6. The above understanding, in my
respectful consideration, is consistent
with Srimad Bhagwat Geeta in its
Chapter 18, Shloka 45 and 46 which are
reproduced as under:

स्वे स्वे कमटण्यलभित: सींलसस्द्धीं लभते नि: |

स्वकमटलनित: लसस्द्धीं यिा लवन्दलत तच्छृणु ||
45||

(Each men, devoted to his own duty,
attains
perfection.
How
he
attains
perfection while being engaged in his
own duty, hear now.)

यत: प्रवृलिभूटतानाीं येन सवटलमदीं ततम् |

स्वकमटणा तमभ्यर्च्ट लसस्द्धीं लवन्दलत मानव:
|| 46||

(He from whom all the beings have
evolved and by whom all this is pervaded,
woshipping Him with his own duty, man
attains perfection)
2 All. Aliganj Sri Mahaveer Ji Trust Vs. The D.J. Lucknow & Ors.
375

7. The Shlokas extracted above
plainly mean that, "man attains perfection
by worshipping the lord through the
performance of his own duty, that is, he
becomes qualified for the dawn of self
knowledge."

8.

The
Mitakshara
School
in
Hinduism is dominant in the States other
than West Bengal and Assam where the
leaning
of
people
is
more
towards
Dayabhaga.
The
Mitakshara
School
provides for three kinds of religious rites:

1. The
Sanskaras
(personal
law
subjects)

2. The worship of Ganpati (Lord
Ganesha)

3. The propitiation of Planets (Grah
Shanti)

9.

The
above
rites
give
no
presumption as to the construction or
management of temples, in any form, trust
or otherwise. In fact, there is probably no
mention of temples and the mankind by
himself is a manifestation of God.

10. The deification of God i.e.
worship of a particular God in temples built
as place of God (Devsthan) is historically
traced to Gupta Period. The ruling class
made
Religious
and
Charitable
Endowments. They often carried out
construction and renovation of the temples
at places of religious importance. Such
conduct is not only the manifestation of the
devotion of the person to deity, but also his
duty to maintain the places which hold
special religious, spiritual and cultural
importance for the subjects believing in
uniformity.

11. The point is well supported by
recovery of various inscriptions relating to
endowments made e.g. Udaigiri Cave
inscription, Lumbini inscription. These
endowments served to benefit the religious
as well as charitable purposes.

12. The temples built for public
worship were usually managed by Shebaits
under the authority granted by the king,
however,
the
kings
left
them
as
independent
units
and
interfered
exceptionally. Therefore, the only traceable
trustee of such endowments of the
community was the king. The deity was
personified but had no legal personality as
such.

13. It may be beneficial here to point
out that the kingdoms usually had a
religious identity, as such, the secular
character as it grew with the expansion of
empires or exists today, did not come in the
way. Therefore, it is wrong to presume that
the religious endowments may had the
singular pious purpose of worship of an
idol
and
maintenance
of
a
system
facilitating public worship alone.

14.

The
purpose
of
religious
endowments was not welfare of temple
through people, but welfare of the people
through temple. Such welfare could be
religious, spiritual, cultural, social or
economic.

15. In the present context, where
theory of legal personality and the
perpetual minority of the deity has
developed over the years, the next friend of
deity or the parens patriae of the deity or
any Trust made for such purpose or the
Shebait of the temple or any other
Committee of Management are not serving
the obligation to maintain the interest of
deity (which certainly no human agency
can interfere with, being a matter of
376 INDIAN LAW REPORTS ALLAHABAD SERIES
religious belief), but the interest of people
for whose benefit the endowment was
made i.e. the devotees of deity.

16. The secular State undoubtedly is
bound to remain equidistant from all the
religions, however, the endowments that
have attained the beneficent character for
devotees or people i.e. citizens in a State by
evolution and successive silting over the
years must utilise the freedom to use its
resources for the purposes of inclusive
growth viz. spirit of democracy.

B. The Dispute & its Resolution

17. Coming to the dispute at hand,
it may be noted that the scheme of
management extracted above became inoperative on account of the fact that it
could not be traced to any legitimate
succession, resultantly, a resolution passed
by the so called committee of management
of the trust on 30.03.1981 gave rise to an
application under Rule 14 and 18 of the
Scheme of Management in Regular Suit
No.1 of 1919 for confirmation of the said
resolution. The application so filed was
registered as Misc Case No.236 of 1981
titled as Dr. C.S Pandey vs. Sri Narayan
Gupta. This application remained pending
for about 8 years without any order being
passed thereon and ultimately a further
application was made for withdrawal of
Misc. Case No.236 of 1981 which was
allowed on 08.04.1989.

18. Later on Regular Suit No. 48 of
1994 (Anil Kumar Srivastava and Ors. vs.
Sri Narain Gupta and Ors.) was filed for
constitution
of
the
committee
of
management after the death of Late C.S
Pandey with some further reliefs. An
interim injunction order was passed under
Order 39 Rule 1 and 2 CPC restraining
the defendants/trustees from functioning
as such and they were further restrained
to operate the bank account of the trust.
Late Hari Krishna Awasthi, former vicechancellor of Lucknow University and
Shri Sharad Narain Saxena, then Reader
in the faculty of law, Lucknow University
both were appointed as "Receiver" to
manage the affairs of the trust. The order
passed was assailed before this Court in
FAFO No. 80 of 1994 wherein the record
of the civil suit was summoned. The civil
revision
was
decided
under
a
compromise, however, the compromise
unclear in terms of its authority and
contents
has
culminated
the
suit
proceedings of Regular Suit No. 48 of
1994
accordingly by
order
of
the
Additional District Judge (Court No.3)
Lucknow passed on 09.09.2013.

19. In the meantime Regular Suit No.
3 of 1999 also came to be filed before the
court of District Judge, Lucknow (Ganga
Charan Tripathi and four Ors. Vs Shri
Mahabeer Ji Temple Trust and Ors.)
seeking inter alia a relief for streamlining
the management in accordance with the
original judgment of 1920 and yet another
suit which was registered as Regular Suit
No. 33 of 2000 (Shri Narain Gupta and
Ors. vs. Collector Lucknow and Ors.). The
later suit i.e. Regular Suit No.33 of 2000
has come to be dismissed for want of
prosecution on 17.09.2003, whereas, in
Regular Suit No.3 of 1999 several orders
were passed. Two orders passed in Regular
Suit No.3 of 1999 are significant of which
the first order was passed on 28.08.2003
whereby a seven member committee to
manage the affairs of the trust was
constituted and the second order passed on
30.08.2006 whereby one Sri Rajesh Kumar
Singh alias Guddu Singh was removed
from the managing committee of the trust
2 All. Aliganj Sri Mahaveer Ji Trust Vs. The D.J. Lucknow & Ors.
377
constituted by the District Court under its
earlier order.

20. The order passed on 30.08.2006
gave rise to Civil Revision No.148 of 2006
before this Court, wherein an order was
passed
on
22.09.2010
issuing
some
directions to the Court below with the
consent of parties contrary to which a
further order was passed by the District
Judge on 20.12.2010 giving rise to the
present petition. The Civil Revision No.
148 of 2006 filed against the order dated
30.8.2006, it is informed, was dismissed as
infructuous on 27.3.2018.

21. The present petition filed under
Article 227 of the Constitution of India
arose out of the order passed by the court
below on 20.12.2010 which was heard
many times and orders were passed. The
orders passed in exercise of supervisory
jurisdiction focused on the constitution of a
legitimate management committee in the
spirit of original verdict rendered on 6th
May, 1920 as noted earlier.

22. This Court looking to the fact that
the Trust in question is a public charitable
and religious Trust went ahead to constitute
a five-member committee for conducting
the day-to-day affairs of the Trust and an
advisory committee of eminent persons was
also named to aid the functioning of the
five-member committee.

23. The five-member committee as
per order dated 30.5.2017 consists of the
following persons:

1.
Justice
O.P.
Srivastava
(Retd.)(President)

2. Sri S.K. Kalia, Senior Advocate,
Allahabad High Court, Lucknow Bench,
Lucknow (member).

3. Sri Anil Kumar Tiwari, Senior
Advocate, Allahabad High Court, Lucknow
Bench, Lucknow (member).

4. Sri Jaideep Narain Mathur, Senior
Advocate, Allahabad High Court, Lucknow
Bench, Lucknow (member).

5. Sri Navneet Sahgal, I.A.S. officer of
U.P. cadre (member).

24. In order to aid and advice the fivemember
committee,
a
seven-member
advisory committee was also constituted
which comprised of the following members
by name and designation:

1.
Justice
Khem
Karan(Retd.)(Chairman)

2.
Sri
Shri
Prakash
Singh,
I.A.S.(Retd.)(member).

3.
Sri
R.
N.
Tripathi,
I.A.S.(Retd.)(member).

4.
Secretary,
Religious
Affairs,
Lucknow (member).

5.
Inspector
General
of
Police,
Lucknow(member).

6.
Divisional
Commissioner,
Lucknow(member).

7. C.J.M. Lucknow or a nominee of
District Judge (member).

25. Some members of the advisory
committee have passed away in the
meanwhile but the actual management
continues to be carried out by the fivemember committee.

26. This Court in its endeavour to
finalise a scheme of management, passed
several orders and lastly by order dated
9.3.2021, Hon'ble Mr. Justice Kamleshwar
Nath (Retd.) was nominated to draft a
scheme of management and it is pursuant to
the above request that a final draft scheme
of management (Annexure-F) alongwith
the letter dated 29.6.2021 was submitted by
378 INDIAN LAW REPORTS ALLAHABAD SERIES
the
most
revered
nominee
whose
contribution in this regard deserves to be
acknowledged.
The
Scheme
of
Administration so framed has thus been
placed before the Court by the Senior
Registrar
alongwith
his
letter
dated
30.6.2021.

27. This Court after reserving the
judgement
has
given
an
anxious
consideration to the final draft of the
scheme of management as well as the
reasons in support thereof. The Court is of
the considered opinion that the scheme of
management formulated and placed on
record is wisely designed to serve the
purpose of the public charitable and
religious trust viz. Aliganj Mahabirjji Trust,
as such, the scheme of management flagged
as Annexure-F is approved and substituted
in supersession of the scheme embodied in
the judgement reported in AIR 1920 Oudh
244 (Gauri Nath Kakaji and others vs
Ram Narain and others). To the above
extent, particularly what is extracted under
Part-A hereinabove, the judgement reported
in AIR 1920 Oudh 244 (Gauri Nath
Kakaji and others vs Ram Narain and
others), shall stand modified. It is ordered
accordingly.

28. It is also clarified that any future
dispute in relation to the management of
the Trust shall be settled keeping in view
the
provisions
of
the
scheme
of
management finalised in terms of this
judgement. This Court has already taken
note of the composition of five-member
committee and the advisory committee.
However, in order to streamline the
administration of the Trust as per the
''Aliganj
Mahabirji
Trust
Scheme
of
Management' approved and substituted
above, the Court proceeds to nominate a
three-member committee comprising of (1)
Hon'ble Mr. Justice Kamleshwar Nath
(Retd) (2) Hon'ble Mr. Justice S.V.S.
Rathore (Retd) and (3) Hon'ble Mrs. Justice
Rekha Dixit (Retd) for drawing a list of
eleven
trustees
from
amongst
the
respectable Hindus living in Lucknow who
shall occupy each of the offices specified in
the scheme of management. It shall also be
open to the three-member Committee to
nominate any of the eligible persons from
amongst the two Committees mentioned
above.
A
copy
of
the
scheme
of
management flagged ''Annexure-F' shall be
sent to the three-member Committee by
Senior Registrar of this Court for necessary
guidance. The list of eleven trustees drawn
and
finalised
by
the
three-member
Committee against each office shall be
deemed to be the initial legitimate body for
taking over the management of the Trust
from
the
specified
day
mentioned
hereinafter. The three-member Committee
is requested to finalise the list of trustees
within two months. The list of trustees
named against each office as well as the
Scheme
of
Management
flagged
as
''Annexure-F' shall be forwarded to the
District Judge by the Senior Registrar of
this Court within a period of two weeks
from the date of receipt of the list of
trustees from the three-member Committee.
The District Judge, Lucknow shall notify
on the notice board of the Trust, the entire
''Aliganj
Mahabirji
Trust
Scheme
of
Management' inclusive of the list of
trustees within six weeks from the date of
its receipt. The interim five-member
Executive Committee shall hand over
complete
charge
of
the
record
and
properties, movable or immovable, to the
Committee constituted above within a
period of three months from the date of
publication of the management Scheme
flagged as ''Annexure-F' inclusive of the list
of trustees. The account of all the
2 All. A.K. Dubey & Anr. Vs. Exide Indus. Ltd. & Ors.
379
income/donation and expenditure incurred
by the Trust from the date of this
judgement up to the date of handing over
charge shall also be accounted for and
intimated to the District Judge, Lucknow
every month by the interim five-member
Committee. The District Judge shall ensure
compliance of this order within a period of
three months from the date of publication
of
scheme
flagged
as
''Annexure-F'
alongwith the list of trustees nominated
against each office. Any order passed by
the District Court below or any subordinate
court in relation to the management and
administration of ''Aliganj Mahabirji Trust'
is hereby declared null and void and the
present petition is accordingly allowed. The
cost is made easy.

29.

The
record
of
objections
considered
by
Hon'ble
Mr.
Justice
Kamleshwar Nath (Retd.) as well as the
entire folder of rule making proceedings
from page 1 to 61 shall be treated as a part
of the record and preserved in the Court.
----------
(2022)02ILR A379
REVISIONAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 18.01.2022

BEFORE

THE HON'BLE ROHIT RANJAN AGARWAL, J.

S.C.C. Revision No. 36 of 2020

A.K. Dubey & Anr. ...Revisionists
Versus
Exide Indus. Ltd. & Ors. ...Respondents

Counsel for the Revisionists:
Sri Sheo Shankar Tipathi, Sri Adya Prasad
Tewari

Counsel for the Respondents:
Sri Manu Khare

Provincial Small Cause Courts Act, 1887 -
Code of Civil Procedure , Order VI, Rule 17
CPC, Proviso - Amendment of pleadings -
after Trial commences - no application for
amendment shall be allowed after the trial
has commenced, unless the Court comes
to the conclusion that in spite of due
diligence, the party could not have raised
the matter before the commencement of
trial - once the trial has commenced, the
party
making
an
application
for
amendment, has to spell out clearly the
cause
which
had
prevented
it
from
bringing the amendment prior to the
commencement of trial and also disclose
the reason that despite due diligence it
was not in the notice of the party and only
when
the
said
fact
came
into
the
knowledge
of
the
party
claiming
amendment, that such application was
filed. (Para 17)

On 10.12.2014 S.C.C. Suit was filed by the
plaintiff for a decree for the amount of damages
for use and occupation at the rate of Rs.2,000/-
per day besides monthly rent of Rs.47,000/- In
the year 2017 issue Nos. 8 & 9 were decided
and the plaintiff was examined before the Court
below
-
On
11.12.2018,
an
amendment
application was filed by plaintiff by which he
sought amendment in relief clause seeking
arrears of rent from 01.11.2014 to 31.10.2018
and also sought eviction from property in
dispute - Held - In the amendment application
no whisper as to why there was delay on the
part of plaintiff in filing amendment application -
the
relief,
which
was
claimed
through
amendment was available when the suit for
damages was filed on 10.12.2014 and the
plaintiff could have claimed the relief for arrears
of rent and ejectment - Trial court rightly
rejected the amendment application

Dismissed. (E-5)

List of Cases cited:

1. Suraj Prakash Bhasin Vs Smt. Raj Rani Bhasin
& ors. 1981 AIR SC 485

2. B.K.N.Pillai Vs P.Pillai & anr. 2000 AIR (SC)
614