SHER ALI Vs. NASIRKHAN

JUDGEMENT

(1.) THIS is a revision application by Sher Ali and others, legal representatives of Asghar Ali deceased-plaintiff against the appellate order by the Additional District Judge, Bundi dated 8-11-1971 by which the learned Judge upheld the order of the Munsiff, Bundi dated 26-5-1970 in Civil Suit No. 127 of 1967, returning the plaint for presentation to the proper court.

(2.) THE case has rather a chequered history and in order to appreciate the points canvassed before me it would be necessary to give a few relevant facts giving rise to the present suit.

(3.) FROM the cases cited above the position seems to be quite clear that in a case where the plaintiff seeks to enforce his personal right in respect of a trust for religious or charitable purposes and not for vindication of the rights of the public or a particular community as its representative, the suit would not fall within the ambit of sec. 92 C. P. C. and even if some reliefs covered by items (a) to (h) of sec. 92 are claimed the suit would nevertheless be triable as an ordinary suit.