J.J.MUNIR,J. - (1.) This appeal is directed against an appellate decree of Sri Bhagwati Prasad, the then Vth Additional District Judge, Mathura, dated 21.02.1999, passed in Civil Appeal No. 10 of 1999, dismissing the appeal and affirming an original decree of Sri M.P. Srivastava, the then IV Additional Civil Judge, (Senior Division), Mathura, dated 23.11.1998 allowing an application by the defendant under Order VII Rule 11 C.P.C. and rejecting the plaint in Original Suit No. 67 of 1998, being a suit for permanent prohibitory injunction, sought in terms to be detailed hereinafter.
(2.) Heard Sri K.S. Tiwari, learned counsel for the appellant and Sri Manish Goyal, learned counsel appearing on behalf of sole defendant-respondent.
(3.) The first plaintiff is Thakur Banketeshji Maharaj Virajman Radha Niwas Vrindawan, Tehsil and District Mathura, who is the ruling deity of the temple of Thakur Banketeshji Maharaj Virajman, Radha Niwas Vrindawan. The first plaintiff is shown to be represented through His Mohtamim Mutwalli, Mahant Narayan Dutt, disciple of the Late Acharya Keshri Dutt, through his general power of attorney holder, Gopal Gaur S/o Sri Nand Kishore Sharma. Thus, the first plaintiff who is none other than the ruling deity of the temple of Thakur Banketeshji Maharaj Virajman has been shown to be represented, through Mahant Narayan Dutt acting through the holder of a general power of attorney from him, that is Gopal Gaur.;