JAMUNA PRASAD SARASWAT Vs. SCINDIA DEVSTHAN TRUST

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 16.07.2012, whereby his application preferred under Order 11 Rules 12, 14 read with Section 151 of CPC (Annexure P-4) and application preferred under Order 14 Rule 5 of CPC (Annexure P-5) are rejected. The petitioner by filing application under Order 14 Rule 5 of CPC stated that the plaintiff trust is not registered under Madhya Pradesh Public Trust Act and, therefore, the provisions of Madhya Pradesh Accommodation Control Act are not applicable on it. It is stated that no issue is framed in this regard. The Court below has rejected it for various reasons including the reason that an issue is already framed in this regard.

(2.) SHRI Tomar, learned senior counsel submits that issue No. 5 does not specifically deal with the aspects. He submits that the Court below should have either amended the said issue or should have framed an additional issue.

(3.) SO far, application under Order 11 Rule 12 and 14 is concerned, by preferring said application, the petitioner has stated that certain documents are in possession of the respondents/plaintiffs. As per the averments of the plaint, these documents must be in possession of the plaintiffs which includes original proceedings, minutes book, relevant proposal forms in prescribed form which includes movable and immovable property and other relevant documents. The plaintiff filed reply to this and took a stand that the relevant rent receipt, format of notice, registered receipt, acknowledgment, reply, trust deed and its annexures, trust regulations, trust minutes, appointment letter of Secretary and minutes confirmation are in possession of the trust. No other document is in possession of the trust or his counsel.