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    <title>1977 (10) TMI 112 - ALLAHABAD HIGH COURT</title>
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    <description>A deity may be represented by a de facto manager where the regular shebait is unavailable or unable to act, so the suit instituted by the Collector on behalf of the idol was upheld. By contrast, an execution application filed only by the Chairman of a public trust, without joinder of all trustees and without authority in the trust deed, was treated as invalid because all trustees must ordinarily act together. The defect was substantive and could not ordinarily be cured by amendment after limitation had expired, absent special circumstances. An earlier objection dismissed for default did not amount to a decision on merits, so constructive res judicata did not bar the later objections.</description>
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    <pubDate>Thu, 06 Oct 1977 00:00:00 +0530</pubDate>
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      <title>1977 (10) TMI 112 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=176442</link>
      <description>A deity may be represented by a de facto manager where the regular shebait is unavailable or unable to act, so the suit instituted by the Collector on behalf of the idol was upheld. By contrast, an execution application filed only by the Chairman of a public trust, without joinder of all trustees and without authority in the trust deed, was treated as invalid because all trustees must ordinarily act together. The defect was substantive and could not ordinarily be cured by amendment after limitation had expired, absent special circumstances. An earlier objection dismissed for default did not amount to a decision on merits, so constructive res judicata did not bar the later objections.</description>
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      <pubDate>Thu, 06 Oct 1977 00:00:00 +0530</pubDate>
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