Shankar vs Thakur Ji Shri Charbhuja Ji ...
2022 Latest Caselaw 9768 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8448/2022

1. Shankar S/o Shri Pannalal, Aged About 45 Years, Kharikheda, Village Bhojpur, Tehsil Shahpura, District Bhilwara (Rajasthan).

2. Barda S/o Heera Gurjar, Aged About 55 Years, Kharikheda, Village Bhojpur, Tehsil Shahpura, District Bhilwara (Rajasthan).

3. Ratna S/o Balu Gurjar, Aged About 60 Years, Kharikheda, Village Bhojpur, Tehsil Shahpura, District Bhilwara (Rajasthan).

4. Devi S/o Heera Gurjar, Aged About 65 Years, Kharikheda, Village Bhojpur, Tehsil Shahpura, District Bhilwara (Rajasthan).

5. Ramlal S/o Shri Dhanna Gurjar, Aged About 50 Years, Kharikheda, Village Bhojpur, Tehsil Shahpura, District Bhilwara (Rajasthan).

----Petitioners Versus

1. Thakur Ji Shri Charbhuja Ji Maharaj, Bhojpur Temple By Priests - 1 Ladudas S/o Shri Radhakishan Das Bairagi, 2 Jagdish Das S/o Sh. Radhakishan Das Bairagi, 3 Shambhu Das S/o Shri Radhakishan Das Bairagi, 4 Sampat Das S/o Radhakishan Das Bairagi, All Residents Of Bhojpur Majra Kharikheda, Tehsil Shahpura, District Bhilwara (Raj.).

2. Laxman S/o Sh. Uda Gurjar, Naya Bhojpur, Tehsil Shahpura, District Bhilwara (Raj.).

3. Rambux S/o Dhukal Gurjar, Naya Bhojpur, Tehsil Shahpura, District Bhilwara (Raj.).

----Respondents

For Petitioner(s) : Mr. Pukhdas Vaishnav

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/07/2022

(2 of 3) [CW-8448/2022]

Heard learned counsel for the petitioner.

The present writ petition has been filed against the order

dated 6.5.2022 passed by the learned Senior Civil Judge,

Shahpura in Civil Original Suit No.6/2021 whereby the application

preferred by the petitioner under Order 6 Rule 17 CPC has been

rejected.

Learned counsel for the petitioner submits that the learned

trial court has committed an error in rejecting the application

preferred by the petitioner. He submits that the suit itself has been

filed by the plaintiff for performing the worship rights in the

temple. He further submits that as per the judgment of Hon'ble

the Supreme Court reported in 2007 (1) WLC (Raj.) 563, the

worshiping rights of Pujari are not hereditary and same can be

given only on personal basis. On the basis of the judgment of

Hon'ble Supreme Court, the petitioner wanted amendment in the

written statement before the trial court. He therefore submits that

writ petition may kindly be allowed and the order passed by the

learned trial court on 6.5.2022 rejecting the application of the

petitioner may be set aside.

I have considered the submissions made at the bar and gone

through the order dated 6.5.2022 along with the relevant record

of the case.

The application to amend the written statement has been

preferred by the petitioner on the basis of judgment of the Hon'ble

Supreme Court and the learned trial court has rightly taken into

consideration the fact that merely on the basis of judgment of the

Hon'ble Supreme Court or any other pronouncement of any Court,

the pleadings cannot be amended.

(3 of 3) [CW-8448/2022]

In view of the above, the order passed by the learned trial

court rejecting the application preferred by the petitioner is

correct and does not warrant any interference by this Court.

The writ petition being bereft of merit, is hereby dismissed.

Stay application is also dismissed.

(VINIT KUMAR MATHUR),J 129-praveen/-

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