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2021 Supreme(MP) 562

SUJOY PAUL
Seth Trilokchand Kalyanmal Digambar Jain – Appellant
Versus
Sushil Kumar Kasliwal – Respondent


Advocates:
A.S. Garg with Ms. Poorva Mahajan for petitioners; V.K. Jain with Ms. Vaishali Jain for respondents.

ORDER

Paul, J. -- 1. The interesting conundrum in this matter relates to the interpretation of the words ‘Civil Court’ occurring in section 8 of the M.P. Public Trusts Act, 1951 (hereinafter referred as The Trusts Act).

2. The relevant factual background is that respondent No.1 / plaintiff filed a civil suit / application under sections 8 and 9 of the Trusts Act against the petitioner and respondent No.2 seeking relief of declaration and injunction before the District Judge, Indore which was registered as COS No.RCS A-1088/2019. The learned District Judge transferred the said civil suit to the Court of VIth Civil Judge, Class-I, Indore for its adjudication. This order of learned District Judge is called in question in this petition filed under Article 227 of the Constitution of India.

2. Shri A.S. Garg, learned Senior Counsel submits that a combine reading of section 2 (i) which defines ‘Court’ and section 8 makes it clear that ‘Court’ means Principal Civil Court of original jurisdiction in the District. Thus, learned District Judge has erred in transferring the matter to Civil Judge, Class-I. In view of 2012 (4) MPLJ 675 (Shri Dev Mahadevji Mandir, Rehli v. Rajesh Kumar & Another), t

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