TEMPLE OF THAKUR MATHURADASSJI Vs. KANHAIYALAL

JUDGEMENT

(1.) TATIA, J. S. B. Civil First Appeal No. 239/2002 preferred against the judgment and decree of the trial Court - District Judge, Rajsamand passed in Civil Original Suit No. 46/2001 (3/99) (42/96) dated 24th Oct. , 2002 dismissing the suit of the plaintiff -Mandir Thakurji Shri Mathuradassji, Chota Bhandar, Kakroli and three others after holding that the suit is abuse of process of law.

(2.) S. B. Civil First Appeal No. 232/2005 has been preferred to challenge the judgment and decree dated 19th May, 2005 passed by the Court of District Judge, Rajsamand in Civil Execution Case No. 6/2001 whereby the appellant's application filed under Order 21 Rule 97 read with Section 151 CPC was dismissed.

(3.) IN Civil Original Suit No. 46/2001, the defendants- respondents- decree holder as well as defendants No. 1 to 6 submitted application under Section 151 CPC for dismissal of the suit filed by the plaintiff with the allegation that the suit is liable to be dismissed as it amounts to abuse of process of Court. The respondent nos. 1 to 6 narrated all the facts referred above about passing of the decree in favour of respondent nos. 1 to 6 by the High Court in regular first appeal and donating the school building by the respondent No. 1 to 6 to the State for running the school and Ishwar Chand's effort to put obstruction in the way of shifting of school to the new building by filing frivolous public interest litigation and dismissal of that public interest litigation and dismissal of special leave petition by the Hon'ble Apex Court. The trial Court by impugned order dated 2. 8. 2002 dismissed the suit of the plaintiff holding that the suit is abuse of process of Court and liable to be dismissed forthwith. Against the said order of dismissal of plaintiff's appellant's suit No. 46/2001 (3/99) (42/96) vide judgment and decree dated 2. 8. 2002 S. B. Civil First Appeal No. 239/2002 has been preferred by the plaintiff.