JUDGMENT :

Bhaskar Bhattacharya, J.

This First Appeal is at the instance of the plaintiffs in a suit inter alia for recovery of possession of immovable property, injunction in respect of publications and religious gathering and for appointment of Court Commissioner for taking accounts etc., as mentioned in the plaint and is directed against an order dated 25th April 2012, passed by the learned 3rd Additional Senior Civil Judge, Kheda, at Nadiad, in Regular Civil Suit No. 48 of 2011 by which the learned trial Judge rejected the plaint in exercise of powers conferred under Order 7 Rule 11 (d) of the Code of Civil Procedure [the Code, hereafter] on the ground that the same was barred by the provisions of section 50 of the Bombay Public Trusts Act, 1950 [the Trusts Act, hereafter] for having filed without obtaining the permission in writing of the Charity Commissioner.

1.1 The Civil Application is filed by the appellants for substituted service. Since the defendant No. 2 whose application for rejection of the plaint has been allowed has already appeared through Mr Thakore, learned Senior Advocate with Mr. Majmudar, we dispense with the service of notice upon the other defendants and thus,