The City Civil Judge took the view that there is numbereffective disposal of the matter by the Joint Charity Commissioner and having number exercised his jurisdiction under Section 70 A of the Act, question of examining the matter under Section 72 1 of the Act would number arise.
An application was filed before the City Civil Court at Ahmedabad under Section 72 of the Bombay Public Trust Act, 1950 against the order dated 27 2 1980 given by the Joint Charity Commissioner.
Against that order a writ petition was filed in the High Court and the same was dismissed at the admission stage.Against that order of the Joint Charity Commissioner, the appellant preferred an application under Section 72 of the Bombay Public Trust Act before City Civil Judge.
Before the Joint Charity Commissioner, three preliminary issues had been raised Whether this inquiry is barred in view of disposal of Inquiry No.
Whether the inquiry is barred by the Principles of res judicata?
The findings recorded by the Joint Charity Commissioner on preliminary issues were in the negative and the matter ended at that stage.
Whether this inquiry is barred by limitation or lapse of time?
92/75?
