NARENDRA KUMAR JAIN Vs. SUKUMAR CHAND JAIN

JUDGEMENT

(1.) This is a Civil First Appeal against the judgment of the III Addl. District Judge, Meerut dated 28-1-1992 whereby Court below was allowed the application filed by the defendant-respondents under O. 7, R. 11, C.P.C. and has rejected the plaint under the said order. The plaintiff-appellants are aggrieved against the said order and they seek setting aside of the said order through the medium of this appeal.

(2.) To appreciate the controversy and for the just disposal of this appeal it is necessary to give a brief history of the case as emerge from the pleadings of the parties before the Court below.

(3.) The plaintiff-appellants seem to have made an application under S. 18 of the Religious Endowments Act of 1863, hereinafter called as 'the Act', for permission to file a suit under S. 14 of the said Act. The permission was granted to the appellants to file the suit by a written order dated 24-7-1991 by the District Judge. As a result of this order the plaintiff-appellants had filed the suit against the respondents before the Court below under S. 14 of the Act. The written statement was filed by the answering defendants to the suit. The suit is in relation to a temple and its property situate at Meerut. For the management of the said temple and its property the decision of the Jain Biradaris is final and supreme. Such decision is implemented strictly to protect the interest of the Jain Samaj. It is stated in the plaint that the ancestors of Jain Biradari were guided by a resolution adopted by the Jain Panchayat in the year 1901 A.D. In annual meet the Jain Biradari use to check the management, accounts etc. of the said temple and after every three years a new committee of management from among the Jain Biradari was elected for the management of the temple and its property. The elected body is said to be answerable to the general body, which is called Jain Biradari Panchayat.