VISHAMBHAR DAYAL Vs. RAM CHARAN

JUDGEMENT

(1.) THIS civil revision by the defendant is directed against an order of the learned Additional District Judge, Sawai Madhopur, Camp Gangapur City, dated 22nd March, 1977, deciding certain preliminary issues in favour of the plaintiff-respondent.

(2.) I need not mention the full details of the case, as the short contro-versy for determination in this revision is whether the suit filed by the plaintiff was covered under sec. 29 of the Rajasthan Public Trust Act, 1959 (hereinafter) referred to as the 'Act') or not. The learned lower court framed an issue No. 13 in this regard to the following effect: "Whether the suit is not maintainable under the Trust Act.?" The learned trial Court decided this issue against the defendant and in favour of the plaintiff. Hence this revision has been filed by the defendant-petitioner.

(3.) IN the result this revision is allowed, the order of the learned Additional District Judge, Sawai Madhopur Camp Gangapur City dated 22nd March, 1977 is set aside and he is directed to proceed in accordance with observations made above. IN the circumstances of the case the parties are left to bear their own costs of this revision.