JUDGMENT :

1. Rule. Mr.Abhishek Mehta, learned advocate waives service of notice of Rule for and on behalf of the respondent no.1.1, Ms.Megha Chitaliya, learned AGP waives service of notice of Rule for and on behalf of the respondent no.3-State and Mr.Devang Vyas, learned Additional Solicitor General of India waives service of notice of Rule for and on behalf of respondent no.2.

2. The petitioner, who is the proposed defendant in Special Civil Suit No.12 of 1970, has challenged the order passed by the learned Principal Senior Civil Judge, Danta on application below Exh.169 dated 19.09.2019, whereby the learned Judge rejected the application filed by the present petitioner under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC” for short) for impleading the petitioner through its trustees as party defendants in the suit.

3. Short facts leading to the filing of the present petition can be summarized as under:

3.1 As per the submissions of the petitioner, they are the trustees of the trust. The original plaintiff i.e. respondent no.1, on 05.10.1948, entered merger agreement with Governor General of India. As per the agreement, Article 3 of the merger agreement provides that the respondent no.1 – plaintiff shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of the said agreement. The plaintiff was required to furnish to the dominion Government before 31.12.1948, an inventory of all the immovable property, securities and cash balances held by him as such private property. In pursuance to the merger agreement, the plaintiff submitted to the Government of India an inventory of properties which he claimed to be of his private ownership. The plaintiff included the properties, described at Sr.No.20 which is reproduced hereinunder:

“1. The Shrine of Shri Arasuri Ambaji situated on Mount- Arasur in Shri Ambaji Town within Danta State.

2. Mount Gabbar

3. All movable and immovable properties dedicated to and bequeathed upon the said Shrine of Shri Ambaji as listed below:-

Note. All these properties shall be managed by a Trust to be created by Government, His Highness the Maharana will be the Chairman of the Board of Trustees which will include the representatives of the local area and a representatives of the Bombay Government.”

3.2 The trust was created by the Government of Bombay for the management of Ambaji Temple, etc. In August-1951, the plaintiff sent a draft of the trust deed to the Ministry of States. The plaintiff thus accepted the decision of the Government in respect of Ambaji Temple, etc. Thereafter, on 31.05.1953, the said properties were taken over by the Government of Bombay in pursuance of decision of Union Government to treat the said properties as State properties to be managed by a trust and the acceptance of the decision by the plaintiff. The plaintiff, being dissatisfied with the said decision, filed Special Civil Application No.915 of 1953 before the Bombay High Court which was allowed on 23.03.1954. The Union of India, being dissatisfied with the order of the Bombay High Court dated 23.03.1954, filed Civil Appeal No.112 of 1954 before the Hon’ble Supreme Court of India which was allowed on 03.12.1957 by setting aside the order dated 23.03.1954 passed by the Bombay High Court in Special Civil Application No.915 of 1953. As per the order of the Hon’ble Supreme Court, Union of India took the possession of the above referred properties including Arasuri temple, etc. During the same period i.e. in the year 1970, the respondent no.1-plaintiff also filed one Special Civil Application No.55 of 1970 before this Court seeking declaration that the plaintiff is the owner of the Shrine and the properties belonging to it and that the respondent nos.2 and 3 have no right, title or interest therein and such other incidental and ancillary reliefs. On 02.05.1974/10.06.1974, this Court dismissed Spec