Rajasthan High Court - Jaipur
Gyan Chand Jain And Another vs Bagherwal Digamber Jain Mandir Trust on 12 September, 2012
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL REVISION PETITION NO.91/2012 Gyan Chand Jain and another Versus Bagherwal Digamber Jain Mandir DATE OF ORDER --- SEPTEMBER 12,2012 PRESENT HONBLE MR.JUSTICE PREM SHANKER ASOPA Mr.A.K.Pareek, for the defendant-petitioners BY THE COURT
(1) By this revision petition, the defendant-petitioners have challenged the order dated 30.5.2012 passed by the Addl. Civil Judge (Junior Division) No.3, North, Kota in Civil Suit No.68/2010 whereby the defendant-petitioners' application under Order 7 Rule 11 CPC has been dismissed.
(2) Counsel for the defendant-petitioners submits that the plaintiff trust is a public trust, therefore, the civil court has no jurisdiction to decide any matter arising out of the same under section 73 of the Rajasthan Public Trust Act whereas the averment in the plaint is that it is a family trust and the suit is based on the same as a private family trust.
(3) I have gone through record of the revision petition and further considered the aforesaid submission of the counsel for the defendant-petitioners.
(4) On consideration of the trial court's order dated 30.5.2012, I find no error of law as the averments of the plaint have been considered by the trial court while dismissing the application under Order 7 Rule 11 CPC filed by the defendant-petitioners. No error has been committed by the trial court. The revision petition has no force and therefore, the same is dismissed.
(Prem Shanker Asopa) J.
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