Rajasthan High Court - Jodhpur
Chandraveer Digambar Jain Dasha Humad ... vs Shri Ashok Kumar Shah ... on 15 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:43881]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Revision Petition No. 225/2023
1. Chandraveer Digambar Jain Dasha Humad Samaj
Charitable Trust (Registration No 24/udai/2003), Through
Chief Managing Trustee And Chairman - Shri Devendra
Kumar Chapya S/o Shri Ganesh Lal Aged About 79 Years,
Office Dastha Humad Bhawan, 26/1465, Peepali Chowk,
Gayariyavas, Udaipur Pin 313001
2. Devendra Kumar Chapya S/o Shri Ganesh Lalji, Aged
About 75 Years, B/c Humad Jain, Resident Of 14,
Dhanmadni, Pratham Manzil, Udiapur (Raj) Pin 313001.
(Chief Managing Trustee And Chairman) Chandraveer
Digambar Jain Dasha Humad Samaj Charitable Trust
3. Ganesh Lal Dhannawat S/o Shri Dhuru Lal, Aged About 75
Years, B/c Humad Jain, R/o 213, Santosh Nagar,
Gayariyavas, Udaipur (Raj. (Treasurar - Chandraveer
Digambar Jain Dasha Humad Samaj Charitable Trust)
4. Amba Lal S/o Shri Nand Lal, Aged About 78 Years, B/c
Humad Jain Resident Of 8, Bajrang Marg, Chandpole,
Udaipur (Raj) (Member Trust Board, Chandraveer
Digambar Jain Dasha Humad Samaj Charitable Trust)
5. Takhat Mal Mehta S/o Shri Nathu Lalji Mehta, Aged About
84 Years, B/c Humad Jain, R/o 11, Bhattaji Ki Bari,
Udaipur (Raj) Member Chandraveer Digambar Jain Dasha
Humad Samaj Charitable Trust)
6. Sanjay Bobara S/o Shri Karorimalji, Aged About 52 Years,
B/c Humad Jain R/o 106, Bhupalpur O Road, Udaipur
(Raj)( Member, Trust Board, Chandraveer Digambar Jain
Dasha Humad Samaj Charitable Trust)
7. Kailash Chand Kodiya S/o Shri Kanti Lal, Aged About 53
Years, B/c Humad Jain R/o 198 Q Road, Bhupalpura,
Udaipur (Raj) (Member Trust Board, Chandraveer
Digambar Jain Dasha Humad Samaj Charitable Trust)
8. Sunil Kumar Tali S/o Shri Kanhaiya Lal, Aged About 64
Years, B/c Humad Jain, R/o 206, Q Road, Bhupalpura,
Udaipur (Raj) (Member- Trust Board Chandraveer
Digambar Jain Dasha Humad Samaj Charitable Trust)
9. Jayanti Lal Dagariya S/o Shri Jawahar Lal, Aged About 69
Years, B/c Humad Jain R/o Pankaj Niwas 1188-A,
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[2023:RJ-JD:43881] (2 of 5) [CR-225/2023]
Hiranmagri, Sector 11, Udaipur (Raj) (Trust Chandraveer
Digambar Jain Dasha Humad Samaj Charitable Trust)
----Petitioners
Versus
1. Shri Ashok Kumar Shah S/o Shri Bhogi Lal, B/c Humad
Jain, R/o 143, Behind Jain Mandir, Hiran Magri Sector 11,
Udaipur (Raj.) (Vice Chairman, Chandraveer Digambar
Jain Dasha Humad Samaj Charitable Trust)
2. Shri Chandan Lal Chapiya S/o Shri Sakal Chand, R/o 171,
Vakil Colony, Hiran Magari, Sector 11, Udaipur (Raj.)
(General Secretary, Chandraveer Digambar Jain Dasha
Humad Samaj Charitable Trust)
3. Shri Digambar Jain Dasha Humad Sasmaj, Udaipur
Through Chairman - Shri Pawan Kumar Jawariya, Office -
Dasha Humad Bhawan, 26/1465, Peepli Chow,
Gayariyavas, Udaipur - 313001
4. Shri Apawan Kumar Jawariya S/o Shri Dhanj Raj, R/o 67,
Anand Nagar, University Road Udaipur (Raj.) (President -
Shri Digambar Jai, Dasha Humad Samat, Udaipur And
Trustee, Chandraveer Digambar Jain Dasha Humad
Charitable Trust)
5. Shri Kalyan Mal Mehta S/o Shri Sohan Lal, R/o 53, Anand
Nagar, University Road, Udaipur (Raj.) (Sr. Vice President
P Shri Digambar Jain Dasha Humad Samaj Udaipur And
Truste - Chandraveer Digambar Jain Dasha Humad Samaj
Charitable Trust)
6. Shri Ramesh Chandra Vageriya S/o Shri Kesri Mal, R/o 1-
2-3, Sarvarituvilas, Udaipur (Raj.) (General Secretary,
Shri Digambar Jain Dasha Humad Samaj, Udaipur And
Trustee - Chandraveer Digambar Jain Dasha Humad
Samaj Charitable Trust)
7. Shri Nemi Chand Champawat S/o Shri Kishan Lalji, R/o
73-74, J.p. Nagar, Hiran Magri Sector 8, Udaipur (Raj.)
8. Shri Amrit Lal Bohra S/o Shri Veer Chand, R/o 39, Hiran
Magri, Section 13, Udaipur (Raj.)
9. Shri Palji Kadwawat S/o Shri Kanhaiya Lal, R/o 46-C
Sarvarituvilas, Udaipur (Raj.)
10. Shri Pawani Kothari S/o Shri Kalu Lal, R/o Ka-26, Basant
Vihar, Hiran Magri Sector 5, Udaipur (Raj.)
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[2023:RJ-JD:43881] (3 of 5) [CR-225/2023]
11. Shri Anil Mehta S/o Shri Kanhaiya Lal Mehta, R/o 134,
Ashok Nagar, Road No. 7, Udaipur (Raj)
12. Shri Sunder Lal Taletiya S/o Shri Bhim Rajji, R/o 47,
Sarvarituvilas, Udaipur (Raj)
13. Shri Ram Chandra Dagariya S/o Shri Nand Lalji, R/o
68/69, Maharana Pratap Colony, Hirna Magri, Sector 13,
Udaipur (Raj)
----Respondents
For Petitioner(s) : Mr. Avin Chhangani
HON'BLE MS. JUSTICE REKHA BORANA
Order
15/12/2023
1. The present revision petition has been preferred against the
order dated 05.09.2023 passed by the Additional Civil Judge No.1
(North), Udaipur in Civil Suit No.67/2016 whereby the application
under Order 7 Rule 11, CPC (hereinafter referred to as, 'the
application') as preferred by the defendants has been rejected.
2. At the outset, learned counsel for the petitioners submits
that the present suit itself is not maintainable in terms of Section
73 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to
as the 'Act of 1959').
As per Section 73 of the Act of 1959, no Civil Court shall
have jurisdiction to decide or deal with any question qua which
any decision can be taken by an officer or an authority in terms of
the said Act.
Section 38 of the Act of 1959 provides that the Assistant
Commissioner, on an application/complaint preferred by any
interested person, of the trust property not being properly
[2023:RJ-JD:43881] (4 of 5) [CR-225/2023]
managed or administered, would enter into an inquiry and it is
only after the decision/satisfaction of the Assistant Commissioner
regarding the object of the public trust having been failed that the
parties would be referred to apply to the Court for directions.
Therefore, in terms of Sections 38 and 73 of the Act of 1959,
the instant suit, without availing the remedy before the Assistant
Commissioner, would not be maintainable and the Civil Court
would not have the jurisdiction to entertain the present suit.
In support of his submission learned counsel for the
petitioners relied upon the judgment passed by a Coordinate
Bench of this Court in S.B. Civil Revision petition No.66/2013
(Mohan Singh vs. Civil Judge (JD) & Judicial Magistrate,
Ringus, District Sikar & Ors.) decided on 02.01.2014.
3. A perusal of the order impugned dated 05.09.2023 and the
application shows that the ground of the Court not having the
jurisdiction was not even raised before the Court below neither in
the application under Order 7 Rule 11, CPC nor during the course
of arguments. The said ground has been raised for the first time
before this Court only.
4. In the opinion of this Court, the Court, in its limited scope of
revisional jurisdiction, is required to test the veracity of the order
impugned on the touchstone of the law governing the dispute
only. Admittedly, the ground as raised before this Court was not
raised before the Court below and hence, the Court below was not
even required to go into the same. Consequently, there is no order
on the issue as raised now which can be said to be impugned in
the present revision petition or which can be set aside or affirmed.
Therefore, without going into the question whether the suit in
[2023:RJ-JD:43881] (5 of 5) [CR-225/2023]
question is maintainable before a Civil Court in terms of Sections
38 and 73 of the Act of 1959, so far as the order dated
05.09.2023 is concerned, this Court does not find any ground to
interfere with the same as the same is totally in consonance with
law. Even otherwise, no other ground has been raised before this
Court.
5. However, as the ground raised by the counsel goes to the
root of the jurisdiction of the Court, the petitioner would be at
liberty to raise the same before the Court below afresh and the
learned Court below would be under an obligation to decide the
same totally in accordance with law.
6. Consequently, Order dated 05.09.2023 is not interfered with
and the present revision petition is disposed of with a liberty to
the petitioners as aforementioned.
7. Stay petition and all pending applications, if any, stand
disposed of.
(REKHA BORANA),J
69-KashishS/-
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