Legal heirs of a deceased Trustee cannot automatically continue a suit filed by the Trustee; only surviving or newly appointed Trustees can pursue such cases.
In a significant judgment, the Punjab and Haryana High Court, presided over by Justice Vikas Bahl, has upheld the decision of the Civil Judge (Senior Division), Faridabad, dismissing an application for the substitution of legal heirs in a suit filed by a Trustee in a representative capacity. The case, titled "Poonam @ Indira v. Prahlad Sharma," involved the substitution of legal heirs of the deceased plaintiff, Smt. Asharfi Devi, who had filed a suit concerning the 'Janhit Seva Charitable Trust.'
The pivotal question before the court was whether the legal heirs of a deceased Trustee could automatically step into the shoes of the Trustee and continue the legal proceedings initiated by the deceased Trustee. The trial court had dismissed the application on the grounds that the suit was filed by Asharfi Devi in her capacity as a Trustee, and her legal interest in the Trust ceased upon her death. Consequently, her legal heirs had no right to continue the suit, which was to be pursued by surviving or newly appointed Trustees under the Trust's scheme.
The petitioner, Poonam @ Indira, had argued for her inclusion as a legal representative to continue the suit on behalf of her deceased mother, Asharfi Devi. However, the respondents contended that the suit was filed in a representative capacity and only surviving Trustees could pursue it. The court agreed with the respondents, referencing the precedent set by the Bombay High Court in "Sitabai Ramchandra Jaltare v. Masjid Nurun Mohalla Jingerwadi," which clarified that the legal representatives of a deceased Trustee do not automatically inherit the Trustee's role in litigation.
The High Court emphasized the principle that a Trustee's role is not inheritable by legal heirs but devolves on surviving or newly appointed Trustees. Furthermore, it reiterated the limited scope of the High Court's supervisory jurisdiction under Article 227 of the Constitution, cautioning against interference in orders of subordinate courts except in cases of jurisdictional error or manifest injustice.
This judgment underscores the legal principle that suits filed by Trustees in their representative capacity cannot be continued by their legal heirs without formal appointment or nomination as Trustees, maintaining the integrity and purpose of trust governance.
Bottom line:-
Legal representatives of a deceased Trustee cannot automatically continue a suit filed by the Trustee in a representative capacity - Only surviving or newly appointed Trustees under the scheme of the Trust can pursue such a suit.
Statutory provision(s): Civil Procedure Code, 1908, Order 22, Rule 3, Order 22, Rule 10, Constitution of India, Article 227
Poonam @ Indira v. Prahlad Sharma, (Punjab And Haryana) : Law Finder Doc id # 2905470
