- (1.) The present revision petition has been filed by the petitioners-defendants under Section 115 of C.P.C., Challenging the order dated 27.8.2012 passed by the Civil judge (J.D.) Sardarsahar, District Churu (hereinafter referred to as "the trial Court") in Civil Suit No. 66/2012, whereby the trial Court has rejected the application of the petitionersdefendants under Order VII Rule 11 of C.P.C.
(2.) The respondents-plaintiffs have filed the suit against the petitioners-defendants seeking permanent and mandatory injunction under the provisions contained in Specific Relief Act alleging inter alia that there was a temple of Sada Shri Bhagwan Shankar ad-measuring 50 x 50 square yards, situated at Garh, Gandhi Chowk, Railway Station Road and the patta of the said land was issued in favour of one Muhan Bhagat by the erstwhile Bikaner State. It was alleged in the plaint that the 'puja' was being performed by the forefathers of the plaintiff No. 2 i.e. Gajanand Sharma and the defendant No. 2 i.e. Ramlal. The plaintiff had also given the details of the pedigree of the plaintiffs and defendants in the plaint. It was further alleged that the plaintiff No. 2 was the pujari as well as the devotee of the said temple and had right to file the suit for injunction as the defendants were putting up construction of commercial nature in the temple premises. In the said suit, the petitioners- defendants had filed the application under Order VII Rule 11 seeking rejection of the plaint on the ground that no cause of action was disclosed in the plaint against the defendants and the suit was also not properly valued by the plaintiffs. The said application has been dismissed by the trial Court vide the impugned order.
(3.) The learned counsel Mr. Vijay Vyas for the petitioners taking the Court to the averments made in the plaint, submitted that the plaintiff No. 2 had not right to file the suit on behalf of the plaintiff No. I and that no cause of action had arisen against the defendants. He has submitted that the defendants were the owners of the premises in question and also performing the 'puja' of the temple. Relying on the decision of the Apex Court in case of The Church of Christ Charitable Trust and Educational Charitable Society, represented by its Chairman v. Ponnimman Educational Trust represented by its Chairperson/managing Trustee,2012 2 WLC(SC)CVL 211, the learned counsel has submitted that the cause of action would be a bundle of facts, which would give right to the plaintiff to seek relief against the defendant, and mere recital of cause of action in one para would not be sufficient to disclose the cause of action. Placing reliance on the decision of this Court in case of Ram Kripal Das Ji Charitable Trust v. Phool Chand & Ors., 2012 3 WLC(Raj) 516, the learned counsel submitted that the land in question being agricultural land, the civil Court had no jurisdiction to try the suit.;