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2013 Supreme(Raj) 1913

BANWARI LAL SHARMA
Hari Ram – Appellant
Versus
Goyenka Welfare Trust, Fatehpur, District Sikar – Respondent


Advocates:
For the Petitioner-Defendant:Anoop Dhand, Advocate.
For the Respondent-Plaintiff:Ajay Bajpayee, Advocate.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves a civil revision petition filed by the defendant-petitioners against an order passed by the trial court concerning a suit filed by the plaintiff-respondent, who claims to be a Public Trust (!) .

  2. The defendant-petitioners argued that the plaintiff-respondent's suit should be dismissed because, under the relevant law, a Public Trust must be registered to be considered legally valid, and the plaintiff-respondent's trust was unregistered [17000347070001].

  3. The court observed that whether the plaintiff-respondent is a Public Trust or a Private Trust is a mixed question of law and fact, which can only be properly determined after recording evidence from both parties (!) .

  4. The court noted that the provisions of the applicable procedural rules do not require the plaintiff to specify the registration status of the trust in the plaint, and the suit cannot be dismissed solely on the ground of registration status (!) .

  5. The trial court's order, which dismissed the defendant-petitioners' application under Order 7, Rule 11, was upheld, with the direction that a legal issue regarding the nature of the trust (public or private) should be framed and decided as a preliminary issue after the defendant's written statement is filed (!) .

  6. The appellate court found no illegality or irregularity in the trial court's decision and disposed of the revision petition and stay application accordingly, emphasizing that the question of the trust's registration status is a matter for evidence and cannot be a ground for dismissing the suit at this stage (!) .

  7. Overall, the case underscores that the maintainability of a suit involving a trust does not solely depend on whether the trust is registered, and the determination of the trust's nature requires a factual inquiry through evidence (!) (!) .

Please let me know if you need further analysis or assistance regarding this case.


JUDGMENT

1. - The instant revision petition has been filed by the defendant-petitioners against the order dated 2.3.2013 passed by the learned Civil Judge (SD), Fatehpur, Shekhawati, District, Sikar, in Civil Suit No. 99/2011 Goyenka Welfare Trust v. Govind Ram & Anr. , whereby the application of the defendant-petitioners filed under Order 7, Rule 11 read with Section 151 CPC had been rejected.

2. In the aforesaid application, the defendant-petitioners have stated that the plaintiff-respondent has claimed that the plaintiff-respondent is a Public Trust but it is an unregistered Trust, as per Section 29 of the Rajasthan Public Trust Act, 1959 (In short the 'Act') the suit filed by it is not at all maintainable.Learned counsel appearing on behalf of the defendant-petitioners has submitted that as per Section 29 of the Act, the plaint preferred by plaintiff-respondent is liable to be rejected as the plaintiff-respondent is not a registered Public Trust and the learned Court-below has failed to appreciate this provision of the Act and wrongly rejected the application filed by the defendant-petitioners.

3. Per contra, learned counsel appearing on behalf of the plaintiff-respondent has sub







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