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2021 Supreme(Raj) 80

PRAKASH GUPTA
Adarsh Hitkarini Trust, Seva Sadan, Adarsh Nagar – Appellant
Versus
Vijay Kumar Batra S/o Late Shri Ishwar Batra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Suruchi Kasliwal, Advocate
For the Respondent: Mr. Som Dutt Khaspuria and Mr. Shailesh Sharma, Additional Government Counsel

JUDGMENT :

1. This writ petition under Article 227 of the Constitution of India has been preferred against the order dated 19.5.2017 passed by the Trial court, whereby the application filed by the petitioners-non applicants no. 1 to 3 (for short, ‘the non applicants’) for amending/framing the issues has been dismissed. Also under challenge is the order dated 8.8.2016 passed by the Trial Court, whereby the trial court exercising the jurisdiction suo-moto deleted the issues, which were inadvertently framed on 5.5.2016 and posted the matter for final arguments instead of evidence.

2. Facts of the case are that the applicants filed an application under Section 38 of the Rajasthan Public Trust Act, 1959 (for short, ‘the Act of 1959’) with regard to an alleged irregularity in the Adarsh Hitkarini Trust (for short, the Trust’) before Assistant Commissioner (Ist), Devasthan Department, who passed an order dated 3.7.2013 directing the applicants to file an application under Section 40 of the Act of 1959 before the District Judge, seeking a direction for proper management of the Trust. Accordingly, the applicants filed an application under Section 40 of the Act of 1959 before District Judge, J

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