RAVI CONSTRUCTIONS CO. versus SOMVANSHI ARYA KSHATRIYA SAMAJ AND ORS.

RAVI CONSTRUCTIONS CO. versus SOMVANSHI ARYA KSHATRIYA SAMAJ AND ORS.

Suit was not maintainable as the chief trustee filed the earlier suit and entered into the compromise authorized by resolution signed by all trustees, with their knowledge and consent; second appeal allowed by High Court without framing question of law was contrary to Section 100 CPC.

Parties
Appellant: RA VI CONSTRUCTIONS CO.; Respondent: SOMVANSHI ARYA KSHATRIYA SAMAJ; Chief Trustee/respondent No.2: Nilkanth Mahadeo Kamble
Jurisdiction
India
Judgment Date
13 September 2006
Procedural Posture
Civil Appeal No. 729 of 2004 / Appeal From Bombay High Court Second Appeal No. 289 of 1994
Outcome
Appeal allowed
Legal Topics
Consent Decree, Maintainability of Suit, Compromise by Trustee
Trust Law Civil Procedure Consent Decree Maintainability of Suit Compromise by Trustee

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Parties

RA VI CONSTRUCTIONS CO.

Appellant

SOMVANSHI ARYA KSHATRIYA SAMAJ

Respondent

Nilkanth Mahadeo Kamble

Chief Trustee/respondent No.2

Procedural Posture

Civil Appeal No. 729 of 2004 / Appeal From Bombay High Court Second Appeal No. 289 of 1994

Legal Issues

  1. 1 Whether the suit challenging consent decree passed in earlier suit filed by chief trustee was maintainable without joining other trustees as plaintiffs and whether the chief trustee had authority to compromise.

Ratio Decidendi

Suit was not maintainable as the chief trustee filed the earlier suit and entered into the compromise authorized by resolution signed by all trustees, with their knowledge and consent; second appeal allowed by High Court without framing question of law was contrary to Section 100 CPC.

Court Disposition

Appeal allowed

Orders

  • High Court judgment set aside
  • Appellant to pay Rs.3,00,000/- to respondent No.1 trust within three months