S.A. Bobde JUDGMENT
Madan B. Lokur, J.
1. Leave granted.
2. The dispute that has arisen in this appeal is one that could have and ought to have been settled in the first instance in the Trial Court. Unfortunately, the feelings (if not the animosity) between the parties have run so high that any meaningful discussion between them to sort out the pending issues has been ruled out. When feelings are strong (and get further hardened over time) and tempers are high, there is a loss of balance and equilibrium. It is unfortunate that this state of mind has persisted with both parties who are well educated and perhaps have a philosophical and spiritual bent of mind, being trustees and residents of the Sri Aurobindo Ashram in Pondicherry and followers of Sri Aurobindo.
3. On our part, we attempted to amicably sort out the problem between the parties, but one of them refused to appreciate the meaning of 'dissociation' while the other expressed the view that mere dissociation was not enough and there must be condemnation! At the end of the day, we felt that each party wanted to score a brownie point over the other, little realizing that while they would be left with some ephemeral brownie points, the brownies (and the cream) would be shared by somebody else. In another decision altogether, this Court had occasion to remark that public trusts for charitable and religious purpose are run for the benefit of the public. No individual should take benefit from them. If the persons in management of the trusts are subjected to multiplicity of legal proceedings, funds which are to be used for charitable or religious purposes would be wasted on litigation.1 How true.
4. It is time for all of us, litigants, lawyers and judges to introspect and decide whether a litigation being pursued is really worth the while and alternatively whether an amicable dispute resolution mechanism could be availed of to settle the dispute to the satisfaction of the litigants. Most problems have a positive solution and a concerted effort must be made by all concerned to find that solution of least resistance to the problem. This is not only in the interest of the parties involved but also in the larger interest of the justice delivery system.
The facts
5. The Respondents are residents of or are otherwise concerned with the Sri Aurobindo Ashram in Pondicherry. They filed a civil suit being O.S. No. 15/20102 before the District Judge, Pondicherry under the provisions of Section 92 of the Code of Civil Procedure (hereinafter referred to as the 'Code of Civil Procedure').3 It was prayed therein that Appellants 2 to 6 who are the trustees in the Sri Aurobindo Ashram Trust (Appellant No. 1 and hereinafter referred to as 'the Trust') be removed and new trustees be appointed since these Appellants have failed the philosophy of Sri Aurobindo and the Mother. A prayer was also made for settling a scheme for the administration of the Trust.
Plaint filed by the Respondents
6. The averments made in the plaint principally pertain to a book titled "The Lives of Sri Aurobindo" written by one Peter Heehs and the fall out thereafter. The book purports to be a biography of Sri Aurobindo and was published in May 2008 by Columbia University Press in the United States. For convenience, and for no other reason, this book is hereafter referred to as the book........