SABHAJEET YADAV, J.

( 1 ) BY this petition, the petitioners have challenged the judgment and order dated 8. 9. 2003 passed by Addl. District Judge, Agra (Annexure-5 of the writ petition) in Civil Revision No. 145 of 2002, Bapu Lal Mansukh Lal Thakkar and Ors. v. Vinod Kumar Singh and Ors. , arise out of order dated 9. 8. 2002 (Annexure-4 of the writ petition) passed by Civil Judge (Jr. Div.), Agra in original Suit No. 993 of 1999, Vinod Kumar Singh v. Bapu Lal Mansukh Lal Thakkar and Ors. on an application moved by petitioner under Section 9 read with Order 7 Rule 11 C. P. C. .

( 2 ) THE relevant facts having material bearing with the question in controversy involved in the case in brief are that the petitioners are followers of Radha Soami faith and are the members of central Administrative Council, an unregistered body Constituted by the last Sant Sat Gum of radha Soami faith "huzur Babuji Maharaj" for managing and administering the Satsang properties created out of "bhents made to Guru during the period when the Sant Sat Guru was bodily present in this world and also administer the same in his absence during the period of interregnum i. e. departure of present Sant Sat Guru from this world and the emergence of subsequent Sant Sat Guru. The said unregistered body is not an elected body and any vacancy caused therein is filled up by nomination by the remaining members. No follower of the faith has any right to interfere in the functioning of said body nor the said body is accountable to any follower except to the Sant Sat Guru of the time being. No follower has any civil right of whatever nature against the said body i. e. Central Administrative Council or any of its members or office bearers. At present there is a period of interregnum as after the departure of last Sant sat Guru huzur Babuji Maharaj no subsequent Guru has manifested as yet.

( 3 ) THE respondent no. 3 instituted a Suit No. 993 of 1999, Sri-Vinod Kumar Singh v. Bapu Lal mansukh Lal Thakkar and Ors. wherein all the petitioners and protbrma respondents were made party as defendants in the suit in the Court of Civil Judge (Jr. Div.), Agra seeking a decree of permanent prohibitory injunction against the defendants. The case set up by the plaintiff/respondent No. 3 in the plaint of aforesaid suit was that the plaintiff was a follower of last Sant Sat Guru huzur Babuji Maharaj of Radhasoami faith and was tiling the suit at his inner inspiration and bliss of his guru for the benefit of followers of Bapuji Maharaj of Radha Soami faith and for true salvation of jivas who have joined Radha Soami faith for the very same purpose; that Prasad, Bhog, Charnamrit, Garlanding of photo of Sant Sat Guru and his Tilak may be distributed to the Satsangis only after its Sanctitication by touch of the alive Guru. None can offer Dhopwatti or Agarwatti or Prasad, Bhog, Garland on his photo during the absence of Guru, which is considered as Idol worship and against the teaching of Radha Soami faith. According to plaints case the defendants were violating the constitution and bye-laws of Central administrative Committee by offering Bhog, Prasad. Garlanding, Agarwatti, Dhopwatti, Jhar phanoos etc. against the teachings and tenets of the faith. The plaintiff requested the defendants and other followers not to oiler Bhog, Prasad, Dhoopwatti and Agarwatti. Garlanding on photos etc but they did not stop, hence the suit. A copy of plaint of suit in question is filed as annexure-l of the writ petition.

( 4 ) ALTER service of summons the petitioners have riled application under Order VII Rule 11 read with section 9 C. P. C. with a prayer 10 reject the plaint as the suit related to purely religious rites and ceremonies and did not relate to any civil right of the plaintiff and was thus not maintainable under Section 9 C. P. C. . A copy of the aiuresaid application is on record as Annexure-2 of the writ petition. The plaintiff filed his reply against the aforesaid application clearly stating the

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