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2015 Supreme(Raj) 606

BELA M.TRIVEDI
Kaushal Kishore Narnoli – Appellant
Versus
Gopal Public Trust – Respondent


Advocates:
Advocate Appeared:
Mr. Saransh Saini, for the appellant.
Mr. Suresh Sahni with Mr. R.M. Sharma, for the respondents.

ORDER

1. The present appeal filed under Section 96 of CPC is directed against the order dated 23/3/2011 passed by the Additional District Judge (Fast Track) No.8, Jaipur City, Jaipur (hereinafter referred to as 'the Trial Court) in Civil Suit No.15 of 2009, whereby the Trial Court has allowed the application of the respondents-defendants filed under Order VII, Rule 11 of CPC seeking rejection of plaint. The said order being decree within the meaning of Section 2(2) of CPC, the appellant-plaintiff has filed the present appeal.

2. The appellant-plaintiff had filed the suit, seeking declaration and mandatory injunction before the Trial Court alleging inter alia that the defendant No.1 is a public trust registered under the provisions of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as 'the said Act'), and the said trust possesses various immovable properties. It was further alleged that the said trust was constituted by the common ancestors of the plaintiff and the defendant Nos.2 to 10, late Shri Ballabh Das, Shri Keshav Das, Shri Hari Das, Shri Ranchordas, Shri Kunjbihari Lal and Shri Bhagwanji. According to the plaintiff, on the death of the founder member of the tr














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