Section 73-A enables person to file application for impleadment as a party to any proceedings under the Act. The said person has to. prove his locus and interest in the public trust and then he can be joined as a party to such proceedings, in which he has moved the application. Thus, the section 73-A vests similar power as available to a Court under Order 1, Rule 10 of the Civil Procedure Code. The proceedings of application under section 73-A thus, does not merge in parent proceedings under section 22 of the Act.
Thus, I answer the issue in para 4 accordingly. The order dated 14-12-2015 passed by the Deputy Charity Commissioner in the Intervention application under section 73-A of the Act which was filed in the proceedings under section 22 of the Act is not appealable under section 70 of the Act before the Joint Charity Commissioner.
IN THE HIGH COURT OF BOMBAY
F.A. No. 1064 of 2017 and Civil Appln. No. 2961 of 2017
Decided On: 16.08.2018
Kashyap Odhavji Thakkar Vs. Chandrakant R. Ganatra and Ors.
Hon'ble Judges/Coram:
Mridula Bhatkar, J.
Citation: 2019(1) MHLJ 102
