Shri Ganeshji Maharaj Mandir vs Rajkumar Patel and Others

R.S. Jha, J.—Heard on the question of admission.

The petitioner has filed this revision challenging the validity of the order dated 18-11-2013 passed by Civil Judge Class-II, Patan, in C.S. No. 7A/2013, rejecting the petitioner''s application under Order XIV Rule 2 of the C.P.C. for deciding the question of jurisdiction as a preliminary issue.

It is submitted by the learned counsel for the petitioner that in view of the provisions of Sections 73 and 74 of the Indian Trusts Act the petitioner/trust is a registered trust and, therefore, the question of jurisdiction should have been decided first.

Having heard the learned counsel for the petitioner and after perusing the record, it is observed that the trial Court has taken into consideration the submissions of the petitioner and has rightly stated that the questions as to whether the petitioner is a registered trust or not, whether it is a private or public trust and whether the provisions of the Act apply or not, are all the mixed questions of law and fact which can only be adjudicated after adducing evidence and has, therefore, rejected the application.

Having heard the learned counsel, it is further observed that there is no illegality or manifest irregularity in the impugned order warranting interference of this Court. In absence of any documentary evidence to indicate that the petitioner/trust is a registered trust, the trial Court has rightly left open the question to be decided after framing of an issue stating that it is a mixed question of law and fact.

However, it goes without saying that the petitioner shall have full opportunity to take up the issue before the trial Court, adduce evidence in that regard and contest the issue regarding jurisdiction at the time of hearing.

In the circumstances, I do not find any merit in the revision which is accordingly dismissed.