- (1.) The present revision petition has been filed by the appellants, legal representative of original defendant/tenant, Dulichand, aggrieved by the order dated 22.07.2013 passed by learned Additional District Judge No.3, Bikaner, by which the learned court below allowed the appeal filed by the plaintiff/respondent- Trust against the order dated 25.08.2004 of the trial court allowing the defendant's application under Order 7 Rule 11 CPC on the ground that the plaintiff being the Public Trust i.e. Baheti Panchayati Trust, being a registered Trust under the provisions of Section 48 of the Rajasthan Public Trust Act, only one of the Trustees could not maintain eviction suit.
(2.) The learned trial court had allowed the application filed by the defendant under O. 7 R. 11 CPC, however, the lower appellate court has allowed the plaintiff's appeal for the following reasons: - 1638901-2
(3.) The suit was filed by the plaintiff- Trust filed the present suit for eviction on the ground of default in payment of rent and material alternation of the suit shop in question.;