ORDER :

1. Though the matter was listed in ‘Fresh’ category, the matter was heard finally today itself.

2. This writ petition has been filed under Articles 226 & 227 of the Constitution of India claiming the following reliefs:

“(i) The record of the case may kindly be called for.

(ii) The order dated 04.11.2023 may kindly be ordered to be quashed and set aside and service upon the respondents may kindly be treated sufficient and it is further prayed that in the alternative, the matter may kindly be ordered to be transferred from District Judge, Jalore to some other place, so as to prevent abuse of the process of the law as well as of the Court.

(iii) The respondents may kindly be restrained from undertaking any activities in the management of the temple anymore.

(iv) Cost of litigation and damages may also be allowed in favour of the petitioner.

(v) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

3. Brief facts of the case are that the petitioners have filed a suit for permanent and mandatory injunction against the respondents, in order to maintain the old structures of the temples and that, the so-called Self Style Guru Jairatan Sureshwar Ji, who had taken over the entire management of the trust in the absence of any elections being conducted for the trust which has been created by defendants in the name of Shri Vardhamaan Rajinder Jain Bhadavji Trust in 2018, be removed from his post. The petitioners also prayed for the rendition of the account along with the entire property of trust in supervision of the person appointed by learned trial court and further prayed for conducting elections for the trust. It is also pertinent to mention that Respondents No. 12 to 27 are the trustees of this trust.

4. With regards to the response to the suit as well as the temporary injunction application, learned Presiding Officer issued notices on 30.01.2023 and 04.11.2023 (Annexure 3 & 4) wherein it was observed that the service of the summons to Respondent/Defendant no. 2 to 11, 13 to 27 was not complete.

5. Petitioners, being aggrieved of the order dated 04.11.2023, have preferred this writ petition.

6. Learned counsel for the petitioners submits that the service of summons is complete in accordance to Order V Rule 9 of the Code of Civil Procedure, 1908 since the service of summons was made to the Shri Jairatan Sureshwarji as well as the Manager, in their personal capacity, thus the summons can be said to be duly served upon the respondents/defendants. The relevant provision has been reproduced as under:

“13. Service on agent by whom defendant carries on business:

(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, service on any manager or agent, who, at the time of service, personally carries on such business or work for such person within such limits, shall be deemed good service.

(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or charterer.”

7. Learned counsel for petitioners further submits that the power of attorney on behalf of respondent no. 1 to 12 has been submitted by Mr. Rajender Kachhawa who is alleged of having connivance with the Presiding Officer. Learned counsel for the petitioners also submits that a complaint with regard to this has been submitted before the Chief Justice of this Hon’ble Court.

8. Moreover, learned counsel for the petitioners submits that the Presiding Officer has granted bail to one, Mohd. Parvez in Criminal Miscellaneous (Bail) Case 98/2023 under the Narcotic Drugs and Pyschotropic Substances Act, 1985 vide order dated 27.03.2023 (Annexure-6), despite the fact that the contraband recovered from the accused was more than the permissible commercial quantity. She further submits that such kind of order dated 27.03.2023 (Annexure-6