- (1.) THE instant civil regular first appeal has been preferred against the judgment & decree dated 08/10/2014 passed by the court of Additional District Judge No.4, Ajmer by which the suit for injunction has been dismissed under Order 7 Rule 11 CPC.
(2.) THE contention raised in this appeal is that the plaintiff is a Public Charitable Trust, which was registered in the name of Krishna Gopal Ayurved Dharmarth Trust on 16/11/1964 with the Sub Registrar Kekdi. When on 18/09/2013, a meeting of the Board of Trustees was convened by the President Shri P.K. Jain, on account of death of Chairman Shri Daulat Ram Ji Chaturvedi, one of the agenda about the election of the new President of the Trust for the remaining period was to be discussed. During the course of meeting, one of the trustee had submitted that a suit is pending before the civil court in which, interim -order has been issued as regards to election of Chairman hence, no election process could start, otherwise it would be amount to contempt of court and meeting was dismissed but thereafter, the respondent has declared himself as Chairman of the trust hence, the suit for injunction has been filed, which was dismissed in view of the provisions of Section 73 of the Rajasthan Public Trust Act, 1959 (for short, the "Act of 1959") that the suit is barred.
(3.) THE contention of the appellant is that suit has not been barred as under the Act of 1959, there is no provision of any stay. Only pleadings in the plaint could be looked into to ascertain the nature of the controversy and his further contention is that the suit is not barred by Section 73 of the Act of 1959 and the suit should not have been dismissed but it should have been returned to the presenter. Per contra, the contention of the respondent is that suit is expressly barred by Section 73 of the Act of 1959 as it is necessarily in relation to election of the Chairman and proceedings under Section 21 of the Act of 1959 are pending before the Assistant Commissioner and the suit has rightly been rejected. Heard learned counsel for the parties, perused the impugned judgment and decree as well as the copy of the plaint submitted by the counsel for the appellant.;