HARI RAM Vs. MANDIR SRI RADHA MADHAV JI THROUGH PUJARI (NOW MENTIONED AS "TRUSTEE")
LAWS(RAJ)-2016-3-103
HIGH COURT OF RAJASTHAN
Decided on March 01,2016

HARI RAM Appellant
VERSUS
MANDIR SRI RADHA MADHAV JI THROUGH PUJARI (NOW MENTIONED AS 'TRUSTEE') Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) This writ petition has been filed on behalf of defendant-petitioner assailing order dated 06.01.2016 passed by learned Civil Judge (Senior Division) No.1, Srimadhopur, in Case No.183/94, B.T.S.-775/98, 38/03, whereby application filed by him under Section 151 of the Code of Civil Procedure, has been dismissed.
(2.) Defendant-petitioner, in aforesaid application, contended that pursuant to judgment dated 17.01.2015 of this court in Writ Petition No.17265/2012 filed by plaintiff-respondent, cause-title of the suit has been permitted to be amended. Originally, the suit was filed by plaintiff-respondent describing him as "Mandir Shri Radha Madhav Ji through Pujari Shri Chaturbhuj Das, Chela Hanuman Das, Resident of Srimadhopur, District Sikar ". Now pursuant to aforesaid judgment of this court, the plaintiff-respondent would be described as "Mandir Shri Radha Madhav Ji through Pujari and Trustee Shri Chaturbhuj Das, Chela Hanuman Das, Resident of Srimadhopur, District Sikar ".
(3.) In the application filed under Section 151 of the CPC, prayer was made on behalf of defendant-petitioner for making appropriate amendment in the written statement raising objection in respect to the provisions contained in the Rajasthan Public Trust Act, 1959. Learned trial court, vide impugned order, rejected the application on the ground that this court has merely permitted change in the cause-title of the plaint and not the pleadings of the written statement and therefore application was dismissed.;


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