NATHDWARA MANDIR MANDAL Vs. CHANDRA SHEKHER

JUDGEMENT

(1.) THIS revision petition is directed against the order of Shri Shiv Kumar Sharma, Civil Judge (Jr. Div.), Nathdwara dated 9.5.96 passed in Civil Original Suit No. 28/96 whereby the learned Civil Judge dismissed the application filed by the petitioners -defendants under Order 7 Rule 11 C.P.C.

(2.) IT appears that the non -petitioners filed a suit against the petitioners and Tilkayatji in the court of learned Civil Judge, Nathdwara raising a dispute regarding the distribution of prasad and seeking relief of perpectual injunction against the Board and Chief Executive Officer to restrain them from interfering with Tilk Maharajji's right of distribution of prasad. The petitioners filed an application under Order 7 Rule 11 C.P.C. for rejecting the plaint on the ground that the suit -filed by the plaintiff was hit by Section 31 of the Nathdwara Temple Act, 1959 (Act No. 13 of 1959). Since the relief claimed by the plaintiff substantially fell within the perview of Section 31 of the Act, the suit was not maintainable in the Court of Civil Judge, Nathdwara. The learned Civil Judge heard both the parties and by the impugned order examined whether the distribution of prasad was a religious act or a secular act and after discussing the nature of the dispute involved, dismissed the application.

(3.) LEARNED Counsel for the non -petitioners has supported the order of the learned Civil Judge on the ground that Section 31 of the Act contains some specific species of case and provides that such categories of cases shall be instituted in the court of District Judge. If the dispute raised by the plaintiff fell beyond the domain of Section 31 of the Act, the bar of Section 31 will not be applicable and the suit will be maintainable in the court of ordinary civil jurisdiction. Learned Counsel has argued that Clause (e) of Section 31 refers to other Clauses (a) to (d) contained in Section 31 of the Act. It is neither a suit for rendition of accounts or making any inquiries in relation to the matters referred herein.