KUSHAL CHAND Vs. ISHWAR CHAND

JUDGEMENT

(1.) INSTANT revision petition has been filed under Section 115, C.P.C. against the order dated 02.04.2009 as well as order dated 29.02.2012.

(2.) ACCORDING to facts of the case, the petitioner in this revision petition are trustees/managers of Kushalwadi Trust, Sojat City which was established on 29.04.1937 by one Raghunathmal Singhvi for the purpose of worshipping the Jain Shwetambar and Dada Guru of Jain community. Subsequently, in the year 1976, the Trust was got registered under the Rajasthan Public Trust Act, 1959 (in short, 'the Act of 1959' hereinafter). The suit property is also situated in Sojat and there are various shops which were let out to different tenants out of which for some of the shops eviction proceedings were initiated and some of the cases have already been decided in favour of the Trust and some cases are pending in the Courts of law.

(3.) THE plaintiff-respondents filed the present suit under Section 92, C.P.C. for which mandatory requirement is to seek leave of the Court for institution of the suit, therefore, application dated 10.06.2010 was filed by the respondents seeking permission to institute the suit against the petitioners. The petitioners filed reply to the application but the trial Court allowed the said application vide order dated 02.04.2012 and granted permission to institute/continue the suit proceedings on the count that the plaintiffs have stated in the plaint that Trust was established for Hindu/Jain community whereas the stand of petitioners is that the Trust was settled for certain classes of persons who believe in Jainism and that issue can be decided after recording evidence. The trial Court further observed that application of the plaintiffs filed under Order 1 Rule 8, C.P.C. has already been allowed vide order dated 29.02.2012.