HARAKH CHAND GOLECHA Vs. CHANDRAPRABHA JAIN SWETAMBER TEMPLE

JUDGEMENT

(1.) CHALLENGE is made to an order of dismissal made by the learned Single Judge in Application No.3578 of 2003 filed under Sec.92 of the Code of Civil Procedure for leave to file the suit.

(2.) THE Court heard the learned Counsel on either side. THE averments in the plaint, the affidavit in support of the application and the counter affidavit are looked into. THE order under challenge is also perused.

(3.) IT is the further case of the plaintiffs that the second defendant with the assistance of the supportive group was managing the affairs of the temple in his own way and to his advantage. But, the members did not have any power or authority to question the same. The several members in the general body meeting on 27.4.2003, pressurised the Presiding Potedar, the second defendant herein, to constitute a High Level Committee for review and adoption of the written constitution of the trust. IT unanimously approved the previous trust deed with minor alterations and additions thereto on 6.7.2003, which is marked as document No.2. In the subsequent general body meeting held on 20.7.2003, the second defendant and his supporters incited disharmony and disturbance. He was taking his own decisions as unanimous with regard to all subjects. In such circumstances, a compulsion arose to the devotees including the plaintiffs herein, to form an action group called Shree Chandraprabha Jain Shwetambar Mandir Subhechu Sangh which issued a legal notice dated 8.8.2003, to the second defendant for transfer of power to the Trust Board and also to comply with the statutory requirements relating to the filing of the income tax returns. The said notice has brought forth no result, and under the circumstances, they brought forth this action for the above reliefs.