1. First Appeal Nos.887 and 888 of 1997 have been filed by the appellant-heir of original applicant-opponent being aggrieved with the judgment and decree passed by the learned Extra Assistant Judge, Surendranagar in Civil Misc. Application Nos.53 of 1996 and 54 of 1996 filed under Section 72 of the Bombay Public Trusts Act. Civil Application No.3206 of 1997 has been filed for stay of the further proceedings of Scheme Application No.8 of 1992 of the learned Joint Charity Commissioner.
2. Facts in short as arising from First Appeal No.887 of 1997 are that Shri Ranchhodraiji @ Sangaji Temple Trust was established by Sangaji Jadeja at Dhrangadhra, District Surendranagar. Heirs of Jadeja family were allegedly having interest in the said trust. An application being Scheme Application No.8 of 1992 was submitted by trustees namely, Shri Harishchandra Sinhji Karansinhji Jadeja and Shri Jayvantsinhjhi Gangasinhji Jadeja to Joint Charity Commissioner, Rajkot under Sec.50A of Bombay Public Trusts Act which is presently pending. Applications below Ex.69 was submitted by Shri Kashiram Maniram Vaishnav in Scheme Application No.8 of 1992 seeking to call for the record of Registration Application No.584 of 1961 from the office of Assistant Charity Commissioner, Bhavnagar. However, said application was rejected vide order dated 1-8-
1996. Civil Misc. Application No.53 of 1996 preferred against the said order before the learned Extra Assistant Judge, Surendranagar was rejected vide order dated 18- 2-1997 and hence, First Appeal No.887 of 1997 is filed.
3. Facts in short as arising from First Appeal No.888 of 1997 are that an application below Ex.70 was submitted by Shri Kashiram Maniram Vaishnav praying that as one of the trustees namely, Shri Harishchandra Sinhji Karansinhji Jadeja has died, Scheme Application would be abated. Similarly an application Ex.77 was submitted by son of deceased Shri Harishchandra Sinhji Karansinhji Jadeja for joining him as a party in Scheme Application. However, application Ex.70 was rejected and application Ex.77 was allowed by the learned Charity Commissioner vide order dated 1-8-1996. Against the said order, Civil Misc. Application No.54 of 1996 preferred before the learned Extra Assistant Judge, Surendranagar was rejected vide order dated 18-2-1997 and hence, First Appeal No.888 of 1997 is preferred.
4. Heard learned advocates, Mr.Mehul S.Shah for the appellant and Mr.Nalin K.Thakkar for the respondent No.1, who is the main contesting party.
5. It is submitted by learned advocate for the appellant that for the welfare of the temple and for effective adjudication of scheme application which has been pending for almost 20 years, record requires to be called for from Assistant Charity Commissioner, Bhavnagar. Son of deceased Harishchandrasinhji, Shri Narvirsinh is alleged to have interest in the interest.
6. This Court has gone through the impugned orders. It is to be noted that the Charity Commissioner has wide powers to supervise, regulate and settle a scheme for proper management and administration of a public trust. While dealing with a similar kind of matter under Section 50A of the Bombay Public Trusts Act, it has been held by Hon'ble Apex Court in the case of Saiyed Mohammad Bakar EL-EDROOS(Dead) by LRs. Vs. Abdulhabib Hasan Arab and others reported in (1998)4 SCC page 343 that proceedings would not be abated in the event of non-substitution or delayed substitution of LRs. of the deceased subsequent upon death of one of the applicants.
7. In light of the above settled legal position, in the opinion of this Court, learned Charity Commissioner has all powers to grant substitution or add new parties even at a belated stage of proceedings. Therefore, the impugned orders passed by the learned Charity Commissioner are just, legal and proper and no interference is called for in the same.
8. Hence, both the appeals are dismissed.
9. In view of the dismissal of appeals, Civil Application No.3206 of 1997 is also dismissed. Notice is discharged. Interim relief granted earlier stands vacated.
10. Office to place a copy of this order in each appeal.
[M.D.SHAH,J.] radhan