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Gyan Chand Jain and Another vs Bagherwal Digamber Jain Mandir

Rajasthan High Court · Decided on 12 September 2012 · Citation: (2013) 1 WLN 291

HON’BLE JUDGES
Prem Shanker Asopa, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 · Rajasthan Public Trusts Act, 1959 — Section 73
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 91 of 2012
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Judgment

2 paragraphs · 194 words

Prem Shanker Asopa, J.—By this revision petition, the defendant-petitioners have challenged the order dt. 30.05.2012 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. 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 Sec. 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.

2.

I have gone through record of the revision petition and further considered the aforesaid submission of the counsel for the defendant-petitioners. On consideration of the trial Court''s order dt. 30.05.2012, 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.