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Any Party To A Legal Proceeding Ought To Be Either Necessary Party Or Proper Party

In Janak Dilip Dwarkadas vs The Joint Charity Commissioner, Mumbai, Bai Kabibai and Hansraji Morarji Charity Trust entered into an agreement with a private developer to sell a piece of land owned by the trust in Ghatkopar. According to the said agreement, certain structures on the land were leased by the builders to the trust for a period of 99 years. Thereafter, the Charity Commissioner granted sanction for sale of the land in 1989.

Nine years later, the petitioner was inducted into the board of trustees of the said trust. In 2003, the structures on the said land leased out to the trust were surrendered by the trustees to the same developer. Thereafter a change report was filed before the Charity Commissioner who accepted the report and made requisite changes in the schedule of the properties of the trust.

In 2007, the petitioner resigned as a trustee and a change report notifying the same was accepted by the Charity Commissioner.

However, the 2003 order of the Charity Commissioner accepting the change report regarding the sale of certain structures to the developer was challenged and a revision application was filed in 2014. The applicant had added the petitioner’s name as a respondent in the application.

In 2015, the petitioner filed an application seeking discharge from the revision application on the ground that he had long ceased to be a trustee of the trust and was neither a necessary nor a proper party to the revision application. The Joint Charity Commissioner rejected the petitioner’s discharge application in 2016. This order was challenged by the petitioner in a writ petition before the high court.


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