FATIMABI Vs. MADARSA TALIMMUL KURAN TRUST

JUDGEMENT

(1.) THE Defendants have filed this revision under Section 115 of the Code of Civil Procedure, 1908 assailing order dated 19. 2. 2007 in Civil Suit No. 5a/06 by which the petitioner's application under Order 7 Order 11 CPC was rejected. By the same order another application filed by the applicants for cancellation of permission granted to the plaintiffs under Section 18 (2) and Section 92 of CPC was also rejected.

(2.) THIS order has been assailed by the applicants mainly on the ground that the Court below erred in not rejecting the plant of respondents as the proceedings for the same relief were pending before the Registrar, Public Trust and this suit was premature. The applicants submitted that in view of pendency of application before the Registrar, Public Trust, the present suit ought to have been dismissed by the trial Court but the trial Court erred in staying the proceedings of the civil suit awaiting decision of the Registrar, Public Trust. Once the respondents invoked the jurisdiction of the Registrar, Public Trust, present suit filed under Section 92 of the Civil Procedure Code was not maintainable and ought to have been dismissed.

(3.) THE learned counsel for the respondents supported the order and submitted that the order was in accordance with law and the trial Court rightly stayed the suit awaiting decision from the Registrar, Public Trust.