MOHINI DEVI Vs. MASAJID COMMITTEE AJMER

JUDGEMENT

(1.) THIS revision petition is directed a gainst the order dated 30th July 1987, passed by the learned Munsif and Judicial Magistrate (East), Ajmer.

(2.) PLAINTIFF moved an application for amendment of the plaint. Defendant wanted to add para 19 which reads as under :- "that the plaintiff has instituted this suit on the basis of the judgment and decree in Civil suit No. 2 of 1951, passed by the learned District Judge Ajmer. But the plaintiff is not competent to bring the suit on the basis of aforesaid judgment and decree passed by the learned District Judge, Ajmer, after promulgation of the Waqf Act, 1954. Hence, the suit is not maintainable. "

(3.) SECTION 55 of the Act of 1954 provides that a suit to obtain any of the reliefs mentioned in SECTION 92 of the Code of Civil Procedure, 1908, relating to any Waqf, may, notwithstanding anything to the contrary contained in that section be instituted by the Board without obtaining consent referred to therein. This SECTION enables the Board to institute a suit relating to matters referred to in Sec. 92 C. P. C.