MAHANT JANAKI JEEVAN SHARAN Vs. SHANTI DEVI

JUDGEMENT

(1.) HEARD the learned counsel for petitioners.

(2.) PETITIONERS have preferred this revision petition challenging the impugned order dated 22.07.1999 passed by the Civil Judge(Junior Division), Jaipur City(West), Jaipur in Civil Suit No.249/1991, whereby application filed by petitioners under Order 22 Rule 3 CPC has been dismissed.

(3.) FROM the impugned order, it reveals that a suit for possession and grant of mesne profit was initially filed on 19.02.1982 by one Smt. Kamla Goswami and after her death, Mahant Janki Jeevan Sharan was substituted in her place under Order 22 Rule 10 CPC. Mahant Janki Jeevan Sharan had created a trust in respect of disputed property on 26.09.1991 and applicants/petitioner Nos.2 to 12 were made trustees in the said trust. After creation of trust on 26.09.1991, the disputed property became trust property, therefore, I find that after death of Mahant Janki Jeevan Sharan, the plaintiff, the trustees of the trust should have been substituted in place of Mahant Janki Jeevan Sharan. The trial Court committed an illegality in rejecting the application of applicants/petitioner Nos.2 to 12 under Order 22 Rule 3 CPC.