JUDGMENT :

This is a defendant’s Civil Revision under Section 115 of the Code of Civil Procedure, 1908, arising out of an order of Dr. Ajaya Krishna Vishvesha, the District Judge of Varanasi, rejecting an application by the defendant-revisionist under Order VII Rule 11 CPC in Original Suit No.18 of 2022.

The reliefs claimed in the Suit

2. The five plaintiff-respondents to this revision have instituted Original Suit No.18 of 2022 against the State of Uttar Pradesh, represented by the Chief Secretary, the District Magistrate, Varanasi, the Commissioner of Police, Varanasi, the Committee of Management, Anjuman Intezamia Masajid, Varanasi through its Secretary, representing the Gyanvapi Mosque and the Board of Trustees, Sri Kashi Vishwanath Temple through the Chief Executive Officer/Secretary of the Board, seeking reliefs of declaration, permanent prohibitory injunction and mandatory injunction, which can best be understood by a reproduction of these verbatim:

"a) Decree the suit for declaration declaring that Plaintiffs are entitled to have Darshan, Pooja and perform all the rituals of Maa Srinigar Gauri, Lord Ganesha, Lord Hanuman and other visible and invisible deities within old temple complex situated at settlement Plot No.9130 (Nine Thousand One Hundred Thirty) in the area of Ward and P.S. Dashwamedh District Varanasi;

b) Decree the suit for permanent injunction restraining the Defendants from imposing any restriction, creating any obstacle, hindrance or interference in performance of daily Darshan, Pooja, Aarti, Bhog and observance of rituals by devotees of Goddess Maa Sringar Gauri at Asthan of Lord Adi Visheshwar along with Lord Ganesha, Lord Ganesha, Lord Hanuman, Nandiji and other visible and invisible deities within old temple complex situated at settlement Plot No 9130 (Nine Thousand One Hundred Thirty) in the area of Ward and P.S. Dashwamedh District Varanasi;

c) Decree the suit for permanent injunction restraining the Defendants from demolishing, damaging, destroying or causing any damage to the images of deities Goddess Maa Sringar Gauri at Asthan of Lord Adi Visheshwar along with Lord Ganesha, Lord Ganesha, Lord Hanuman, Nandiji and other visible and invisible deities within old temple complex situated at settlement Plot No.9130 (Nine Thousand One Hundred Thirty) in the area of Ward and P.S. Dashwamedh District Varanasi;

d) Decree the suit for mandatory injunction, directing the Government of Uttar Pradesh and District Administration to make every security arrangement and facilitate daily Darshan, Pooja, Aarti, Bhog by devotees of Maa Sringar Gauri along with Lord Ganesha, Lord Hanuman, Nandji and other images and deities within the precincts of temple complex known as 'Ancient temple' existing at settlement Plot No.9130 (Nine Thousand One Hundred Thirty) within the area of Ward and P.S. Dashwamedh the heart of the city of Varanasi;"

e) Grant such other relief for which the Plaintiffs may be found entitled to or which may be deem fit and necessary in the interest of justice; and

f) Decree the suit with costs in favour of Plaintiffs and against the Defendants;”

The Application under Order VII Rule 11 CPC

3. An application has been made in this suit on behalf of the revisionist-defendant No.4 (for short, 'the revisionist'), to wit, the Committee of Management, Anjuman Intezamia Masajid, Varanasi, saying that the plaint ought to be rejected without a trial of the suit, because the suit is barred by The Places of Worship (Special Provisions) Act, 1991 (for short, ‘the Act of 1991’). The basis to say this, according to the revisionist, is that the plaintiffs have claimed a relief to the effect that their right to do pooja of the Deities on Settlement Plot No.9130 be declared and further that the defendants be restrained from interfering in the exercise of their right by the plaintiffs to do pooja, aarti, bhog of the Deities, nor demolish or destroy any part of images of those Deities. The objection pleading the bar claimed under