DINESH CHANDRA SWAMI Vs. MAHESH CHANDRA SWAMI

JUDGEMENT

(1.) WHAT comes on surface in this boiling pot of litigation now is the impugned order dated 18. 9. 2006 passed by learned ADJ No. 2, Jaipur allowing the application under Order 7 Rule 11 CPC and rejecting the Civil Suit filed by Mandir Shri Madho Behari Ji and one Mr. Dinesh Chandra Swami, claiming partition of suit property, rendition of accounts and perpetual injunction against the defendant from alienating such property, appointment of Receiver etc.

(2.) IN the chequered history of litigation in this matter not only some civil suits were filed, but this Court had also occasion to deal with the litigation between the parties in writ jurisdiction.

(3.) LEARNED counsels argued their respective clients' rights at length and took this Court through the judgments of learned Single Judge as well as Division Bench repeatedly besides various other case laws, but it appears to this Court that instead of going on deeper and making any observations on the respective rights and rival claims of the parties, this Court is concerned in the present appeal only with respect to validity of the impugned order passed by the learned trial court allowing the application under Order 7 Rule 11 CPC and rejecting the suit at the threshold holding it as not maintainable or barred by law, which is the ambit and para meters of Order 7 Rule 11 CPC.