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DINESH MEHTA
Khayali Lal Tater S/o Sh. Mohan Lal Tater – Appellant
Versus
Pawan Devi, Deven Bafna @ Pawan Jain W/o Harak Chand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aklovya A. Bhansali.
For the Respondents: Mr. Narendra Thanvi, Mr. Manoj Bhandai, Mr. Rajendra Singh.

JUDGMENT :

DINESH MEHTA, J.

1. Instant writ petition has been preferred against the order dated 05.01.2019, passed by learned Civil Judge and Judicial Magistrate, Marwar Junction, Pali (hereinafter referred to as the ‘trial Court’) vide which the petitioner’s application dated 25.10.2018 filed under Order I Rule X read with Order VII Rule 1 of the Code of Civil Procedure, 1908 (in short ‘the Code’) has been rejected.

2. Succinctly stated the facts giving rise to the present writ petition are that plaintiff-Pawan (respondent No. 1 herein) instituted a suit for injunction and cancellation of election of Acharya Shri Bhikshu Samadhi Sthal Sansthan (hereinafter referred to as ‘the Society’) held on 24.04.2018. While filing the suit the plaintiff had impleaded the ‘Acharya Shri Bhikshu Samadhi Sthal Sansthan’ as defendant No. 1; Surendra Kumar Surana, the earlier President as defendant No. 2, Loonkaran Chhajer and Hansraj Betala the Election Officers as defendants No. 3 and 4 respectively and Khayali Lal Tater (present petitioner); the newly elected President in the contentious election, as defendant No. 5.

3. To complete the narration of facts, it may be noticed that Nirmal Sri Srimal, who





































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