Arun Bhansali, J. - (1.) THE present writ petition has been filed by the defendants aggrieved by the order dt. 19.10.2012 passed by the learned trial Court, whereby, application filed by them under Order I R.10 CPC for impleading Charbhuja Mandir Trust and Assistant Commissioner, Devasthan Department as party defendants was rejected. The brief facts of the case are that the plaintiff -respondents filed a suit for declaration and permanent injunction with the prayer for declaration that they are the only authorised Pujaries of the temple Charbhuja Ji and are also entitled to receive all the donations offered by the devotees. The suit was filed on 05.01.1979. The petitioners alongwith other codefendants filed their written statement on 04.04.1980 disputing the averments made in the plaint and claimed that they were managing affairs of the temple from the time immemorial and the Trust was constituted on 16.10.1978 and trust deed was executed on 16.12.1978 and the same was got registered with the Sub Registrar, Kotadi.
(2.) IT is after a lapse of 32 years that on 31.07.2012 when after completion of evidence by the plaintiffs and when DW -2 was to be cross -examined, the present application under Order I R.10 CPC was filed seeking impleadment of the Trust -the Charbhuja Mandir Trust, Kotadi and State of Rajasthan through Assistant Commissioner Devasthan Department, Udaipur as party defendants. It was stated that in the written statement the fact about formation of the Trust was mentioned and that the registration certificate under the Rajasthan Public Trust Act, 1959 has been issued on 24.11.1986, therefore, the Trust as well as Devasthan Department are necessary parties and, therefore, they may be impleaded as party defendants. A reply to the said application was filed by the plaintiffs opposing the said application. It was inter alia submitted that the application has been filed with too much delay and the suit was filed after complying with the directions of Order I R.8 CPC and, therefore, it was open for the said Trust and/or the Devasthan Department to get themselves impleaded as a party.
(3.) HAVING failing to do so, now it is not open for the defendants to get them impleaded as party defendants to the suit.;