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2016 DAILYLAW 4123 (DEL)

RAJINDER JAIN & ORS v. STATE & ORS

CS(OS)/153/2016 · 2026-05-05

Avneesh Jhingan

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Judgment text

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$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 153/2016, I.A. 250/2024, I.A. 10054/2024, I.A. 13331/2025, I.A. 15405/2025 & I.A. 8069/2026 RAJINDER JAIN & ORS .....Plaintiffs Through: Mr. Naresh Thanai and Ms. Khushboo Singh, Advs. versus STATE & ORS .....Defendants Through: Mr. Piyush Kant Jain, Mr. Ashok Sabharwal and Mr. Shobhit Sabharwal, Advs. for D-2. Mr. Udaibir Singh Kochar, Adv. for D-3. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 05.05.2026 1. The present suit is filed under Section 92 of the Code of Civil Procedure, 1908 with the following prayer: “a) Remove defendant no. 2 as Pradhan Trustee of the Trust namely, Shri Bashi Ram Viro Devi Jain Charitable Trust; b) or alternatively, restrain defendant no.2 from writing letters to bank, authority or any other organization or to cause interference in functioning/activities of trust in any manner whatsoever, except by way of decisions taken unanimously or with the majority of existing trustees namely, plaintiff’s and defendant no.3 of the trust.” 2. As a consequence of letters written by defendant no. 2 to the banks with regard to the operation of the bank accounts, interim orders were This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 11:22:10 passed directing a working solution so that the functioning of the Trust is not affected during the pendency of the suit. 3. Defendant no. 2 expired during the pendency of the suit. The application filed by wife of the deceased for impleadment was withdrawn. 4. Considering that the cause of action for the prayer in suit for removal of defendant no. 2 as Pradhan Trustee of the Trust, namely Shri Bashi Ram Viro Devi Jain Trust does not survive upon the death of defendant no. 2, no adjudication of the issues framed is required and have been rendered academic. 5. The contention of learned counsel for the plaintiff that interim orders should be made absolute has no merit. 6. The suit is dismissed. 7. Needless to say that the interim orders passed during the pendency of the suit no longer survive and the Trust has to run as per the Trust Deed and the statutory provisions. AVNEESH JHINGAN, J MAY 5, 2026/Pa This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 11:22:10