Summary
Section 29 of the Rajasthan Public Trust Act barred hearing and decision of an unregistered trust’s suit, rather than its institution. Registration during the appeal lifted that bar, but did not validate the earlier merits decree passed without jurisdiction. The Court set aside both that decree and the dismissal orders and remanded for fresh trial.
Issues
- Whether lack of trust registration barred filing the suit or only its hearing and decision.
- Whether later registration permitted revival of the original decree.
Provisions considered
- Section 29, Rajasthan Public Trust Act, 1959Stays hearing and decision of rights-enforcement proceedings for a trust required to register until registration is obtained. (¶ 20–26)
Held
- An unregistered trust could institute the suit, but the court could not hear or decide it until registration. Reasonable time to register should have been afforded rather than immediate dismissal; continued failure after such time could justify dismissal. (¶ 21–25)
- The later registration allowed prosecution on merits, but the trial decree entered during the bar remained without jurisdiction. Fresh determination belonged to the trial court, not merely the first appellate court. (¶ 26–28)
Result
Appeals partly allowed; impugned judgments and trial decrees set aside. Suits remanded for decision within six months, with liberty to amend pleadings and add documents including registration, and no opinion on merits. Parties directed to appear on 21 August 2017.