Banwari Lal Sharma, J. - (1.) THE instant revision petition has been filed by the defendant -petitioners against the order dt. 2.3.2013 passed by the learned Civil Judge (SD), Fatehpur, Shekhawati, District, Sikar, in Civil Suit No. 99/2011 Goyenka Welfare Trust vs. Govind Ram & Anr., whereby the application of the defendant -petitioners filed under Order 7 Rule 11 read with Sec. 151 CPC had been rejected. In the aforesaid application, the defendant -petitioners have stated that the plaintiff -respondent has claimed that the plaintiff -respondent is a Public Trust but it is an unregistered Trust, as per Sec. 29 of the Rajasthan Public Trust Act, 1959 (In short the 'Act') the suit filed by it is not at all maintainable.
(2.) LEARNED counsel appearing on behalf of the defendant -petitioners has submitted that as per Sec. 29 of the Act, the plaint preferred by plaintiff -respondent is liable to be rejected as the plaintiff -respondent is not a registered Public Trust and the learned Court -below has failed to appreciate this provision of the Act and wrongly rejected the application filed by the defendant -petitioners. Per contra, learned counsel appearing on behalf of the plaintiff -respondent has submitted that there is no bar for filing suit by an unregistered Public Trust. He has further submitted that this is a matter of evidence. The provisions of Order 7 Rule 1 CPC never burden the plaintiff -to specify the fact that whether the Trust was registered or unregistered and at the time of invoking provisions under Order 7 Rule 11 CPC, the averments of plaint are only to see by the Court and from perusing the plaint, it cannot be said that it is barred by law. He supported the order passed by the Court -below, dt. 2.3.2013 (Annexure 6).
(3.) I have considered the submissions made by the learned counsel for the parties and perused the impugned order (Annexure -6). From the perusal of the order impugned dt. 2.3.2013 (Annexure -6), it reveals that the Court -below, rightly dismissed the application of the defendant -petitioners after considering the fact that whether the plaintiff -respondent is a Public trust or a Private Trust, is a mixed question of law and fact and it could be decided after recording the evidence of the parties and only on this count, the plaint cannot be dismissed.;