[2025:RJ-JD:32007]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 548/2022

1. Jeevrajdan Charan S/o Gangadan Charan, Aged About 67 Years, Resident Of Village Sathika, Tehsil Nokha District Bikaner.

2. Seshdan Charan S/o Maghaadan Charan, Aged About 53 Years, Resident Of Village Sathika, Tehsil Nokha District Bikaner.

----Appellants Versus

1. Sumerdan S/o Vijaydan, Resident Of Pareek Ji Ki Dukaan Wali Gali, Near Karni Mata Mandir, Ambedkar Colony, Bikaner.

2. Bhagwandas S/o Kaandan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

3. Shubhkarandan S/o Keshudan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

4. Jasudan S/o Ramdayal Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

5. Madhudan S/o Ram Lal Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

6. Sohandan S/o Ramnath Dan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

7. Bherudan S/o Late Bhagwantdan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

8. Hadmandas S/o Ramnathdan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

9. Ramdayaldan S/o Kalladan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

10. Chailudan S/o Bherudan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

11. Shimbhudan S/o Bherudan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

12. Shankerdan S/o Vijaydan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

13. Kailashdan S/o Vijaydan Charan, Resident Of Village Sathika, Tehsil Nokha, District Bikaner.

----Respondents For Appellant(s) : Mr. Virendra Acharya For Respondent(s) : Mr. Deen Dayal Chitlangi HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

JUDGMENT

RESERVED ON : 14/07/2025 PRONOUNCED ON : 29/07/2025 The present appeal has been filed against the judgment and decree dated 19.11.2022 passed by Additional District Judge, Nokha, District Bikaner, (hereinafter referred to " the trial court"), in Civil Original Suit No. 110/2022 (CIS No. 127/2021), whereby the trial court, while allowing the application moved by respondents-defendants under Order VII Rule 11(d) CPC, dismissed the suit instituted by the appellants-plaintiffs for declaration of प्राचीन प्राईवेट प्रन्यास व्यवस्था घोषणा पत्र” (Ancient Private Trust System Declaration Letter) as null and void and for permanent injunction.

2. The factual matrix, briefly stated, is that, the appellants- plaintiffs, in representative capacity, instituted a suit under Order VII Rule 1 & 2 read with Order I Rule 8 and Section 151 CPC, inter alia, praying therein that प्राचीन प्राईवेट प्रन्यास व्यवस्था घोषणा पत्र” may be declared as null and void. During pendency of the suit proceedings, the respondents-defendants moved an application under Order VII Rule 11 CPC for rejection of the suit. Having perused the material available on record and hearing both the parties, the trial court, vide impugned judgment dated

19.11.2022, allowed the application of the respondents- defendants moved under Order VII Rule 11 CPC and rejected the suit solely on the ground of non-compliance of the Order XXXI Rule 2 CPC, which mandates that where there are several trustees all shall be made parties to a suit against one or more of them.

3. Learned counsel for the appellants-plaintiffs submitted that, the appellants-plaintiffs, acting in private capacity, bonafidely omitted impleadment of one of the eight trustees. It was contended that the trustee, Bherudan S/o Late Shri Sitaram Ji, had already passed away, and hence the appellants-plaintiffs believed that no relief could be sought against a deceased person. Learned counsel further argued that such omission should not defeat the purpose of filing of the suit, particularly when permission to sue in a representative capacity had already been granted under Order I Rule 8 CPC. It was urged that a suit should not be dismissed merely on technical grounds such as non-joinder or mis-j