SAMBHAVNATH DIGAMBAR JAIN Vs. MOHANLAL

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court rejecting the revision petition filed by the appellant herein as not maintainable.

(2.) The appellant herein, is a registered public trust managing a temple and its property. The appellant applied for registration of the Trust before the registrar who by order dated 13-10-1981 accorded registration to the Public trust of the appellant.

(3.) The respondents herein filed a suit against the appellant for setting aside the said order of the Registrar. On 13-9-1982, the appellant filed written statement wherein an averment was made that the portion of property where the girl's school was running was the property of the Trust. It may be mentioned that the Registrar did not include the said portion of the school as trust property. On 15-9-1982, the appellant filed an application under Order 6 rule 17 and Order 8 Rule 6-A of the Code of Civil Procedure read with section 151 of the Code of Civil Procedure and sought to incorporate in its counter-claim the said school as a trust property by way of an amendment to its written statement. The said application was rejected by the trial court and being aggrieved by the said order, the appellant filed a revision which was dismissed as not maintainable. That is how the parties are before us.