A Delhi Court has allowed the transposition of PS Prasad as co-plaintiff and the amended memo of parties be filed within 30 days in a 15-year-old litigation case related to Bharat Yatra Trust, founded by the late Prime Minister Chandrashekhar. The order, delivered by Dwarka District Sumit Dalal, hence resolves multiple procedural and jurisdictional objections that had stalled progress in the matter for years.
The litigation began in 2011 when three individuals — Late Indubhai C Patel, Late Ayub Khan, and HN Sharma (Political Advisor to late Prime Minister Chandrashekhar) — approached the Delhi High Court seeking judicial directions into the administration of the Trust. With the deaths of Patel and Khan in 2015 and 2016, respectively, the suit was being pursued solely by Sharma, prompting a challenge that the mandatory requirement of “two or more persons” under Section 92 CPC was no longer satisfied.
The Court rejected the argument that the proceedings had abated, clarifying that a Section 92 suit is considered “instituted” only after leave is formally granted. The court directed that, with the impleadment of PS Prasad as co-plaintiff, the statutory requirement of “two or more persons having an interest in the trust” stands satisfied for the purposes of consideration of leave under Section 92 CPC.
In this context, the Court allowed the application of PS Prasad — an admitted trustee of the Bharat Yatra Trust — holding that his presence satisfies the statutory requirement. The order notes that Prasad has been associated with the Trust since 1988, filed the original written statement on behalf of the Trust in 2011, and is acknowledged as a trustee even in the pleadings of Ayub Khan as Defendant No. 2.
Significantly, the Court also held that Sharma (sole surviving original plaintiff) has shown a prima facie, substantial and existing interest in the affairs and administration of Bharat Yatra Trust and Prasad is an admitted trustee and, therefore, has a clear and direct interest in the Trust’s due administration.
Finding that the Trust is clearly a Public Charitable Institution and that the plaint contains allegations of breach of trust, mismanagement, and the need for court-supervised intervention, the judge formally granted leave under Section 92 CPC.
The suit will now proceed to trial, with parties directed to complete admission and denial of documents.
The order marks another chapter in a saga The Pioneer has followed closely for decades — both during Chandrashekhar’s lifetime and after. In 2006, The Pioneer reported his desire to bequeath assets and the Bharat Yatra Kendras across Delhi, Haryana, Mumbai, and Ballia to the nation.
