Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1959: s. 29 - Bar under - Scope of - Suit for eviction - Filed by public Trust - Decreed by trial court Rajasthan Public Trust Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Public Trust Act, 1959: s. 29 - Bar under - Scope of - Suit for eviction - Filed by public Trust - Decreed by trial court - First appellate court set aside the decree on the ground that the suit was not competent for want of registration of the Trust, in view of the bar contained in s. 29 - Order of first appellate court was confirmed in second appeal by High Court - Appeal to Supreme Court - During pendency of appeal plaintiff-Trust got itself registered under the Act - Held: s. 29 creates a bar ''for hearing and deciding a suit" and not for filing a suit - A suit can be filed by unregistered Trust, but such suit can neither be heard nor decided unless and until the Trust is registered - S.29, therefore, operates as stay of proceedings in the suit, so long as the Trust does not get itself registered under the Act - The plaintiff-Trust acquired the right to prosecute the suit, after it got registered - The suit is restored to be decided afresh on merits by the trial court. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 663 |
Petitioner | Public Trust Shri Geeta Satsang Bhawan |
Respondent | Nand Lal & Ors. |
SCR | [2017] 8 S.C.R. 329 |
Judgement Date | 2017-07-25 |
Case Number | 3034 |
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