GOSWAMI SHRI GHANSHYAMLALJI Vs. COLLECTOR UDAIPUR

JUDGEMENT

(1.) THIS revision application arises out of a suit under sec. 22, G. P. G. brought by the Collector of Udaipur, in exercise of the powers of the Advocate-General conferred on him by the Government of Rajasthan against Goswami Govindlalji Maharaj and some other defendants including three deities Shri Nathji, Shri Navnit Priyaji and Shri Madan Mohanlalji installed in the temple at Nathdwara. Goswami Govindlalji Maharaj defendant No. 1 is the present manager of the deities. Defendants 3 to 12 are members of an ad hoc committee of management who manage the affairs of the temple along with defendant No. 1. A scheme of management was filed along with the plaint and it was prayed that this scheme might be given effect to under the provisions of sec. 92, C. P. C. In their written statements all the defendants except No. 7 accepted all the allegations made in the plaint and expressed their agreement to the proposed scheme. Defendant No. 7 opposed the scheme and the plaintiff filed an application praying that he may be removed from the array of defendants.

(2.) THE present applicant Goswami Shri Ghanshyamlalji filed an application before the District Judge in whose court the above suit was pending under O. 1, R. 10, C. P. C. praying that he may be impleaded as a party. He is admittedly one of the descendants of Shrimad Vallabhacharya, who founded the endowment in suit. His case is that the trust in question is not one of a public nature to which sec. 92, G. P. G. is applicable. He claims that it is a private trust. THE applicant also alleges that the proposed scheme is defective and he wishes to put forward suggestions for its improvement, so that the worship of the deity may be carried on in accordance with the traditions in the peculiar form in which it has all along been performed. He claims that being a direct descendant of the founder he is entitled to participate in the Sewa and Puja and being interested in the spiritual and temporal management, he is a fit and proper person to be impleaded as a party so that he may have say in the matter of the framing of a scheme of management.