URMILA PATEL Vs. RAVINDRA PATEL

JUDGEMENT

(1.) THIS revision petition has been directed against the order of the Trial Court rejecting the application filed under Section 32 of the M. P. Public Trust Act, 1951 (for brevity 'the Act') by the applicants herein. The applicants are the defendants in the Trial Court. A suit for declaration and injunction has been filed by the plaintiffs--Ravindra Patel and three others who are arrayed as respondent Nos. 1 to 4 here in this revision petition. Murti Shri Laxmi Narayan Bhagwan Mandir has been arrayed as defendant No. 1. In the suit, an application under Section 32 of the Act was filed stating therein that looking to the plaint averments, in fact, the suit has been filed by Murti Shri Laxmi Narayan Bhagwan Mandir and the plaintiffs have clothed Murti Shri Laxmi Narayan Bhagwan Mandir as defendant No. 1. It has been contended that defendant No. 1 is not a registered Trust and, therefore, the suit filed by the plaintiffs as the representatives of the Murti Shri Laxmi Narayan Bhagwan Mandir is barred under Section 32 of the said Act.

(2.) THIS application was opposed by the plaintiffs by filing a reply contending therein that the application is malafide. On the earlier occasion, the defendants filed an application under Order 7 Rule 11, CPC which has already been rejected and now by giving a colour of Section 32 of the Act again with the same prayer, the application has been filed. It has been prayed by the plaintiffs that the application be dismissed.

(3.) THE Trial Court after giving its anxious consideration to the provision of Section 32 of the Act dismissed the application, hence this revision.