Case Note & Summary
The case involved a dispute over the management of religious properties belonging to the Dawoodi Bohra Community, where the plaintiff claimed to be the Dai-ul-Mutlaq, the spiritual leader and trustee of the community's properties. The plaintiff sought various declarations and injunctions against the defendants, who had formed a separate organization challenging his authority. The High Court of Rajasthan had previously struck out certain paragraphs from the defendants' written statement, leading to the present appeals. The Supreme Court examined the nature of the dispute, focusing on the authority of the plaintiff as the Dai-ul-Mutlaq and the claims made by the defendants regarding the management of the properties. The Court found that the defendants' denial of the plaintiff's claims in paragraph 6(c) was relevant and should not have been struck out, while the allegations in paragraph 7(d) regarding the misuse of powers were deemed irrelevant and justified for removal. The Supreme Court partially allowed the appeals, modifying the High Court's order accordingly, and upheld the striking out of paragraph 7(d) except for the last part which denied the religious tenet status of Raza. No costs were awarded.
Headnote
A) Civil Procedure - Written Statement - Striking Out of Pleadings - Code of Civil Procedure, 1908, Order VI, Rule 16 - The High Court struck out certain paragraphs from the defendants' written statement, which the appellants challenged. The Supreme Court held that paragraph 6(c) should not have been struck out as it merely denied the plaintiff's claim of property vesting, while paragraph 7(d) was justified in being struck out due to irrelevance of allegations regarding misuse of powers (Paras 1-4).
Issue of Consideration
Whether the High Court was justified in striking out certain paragraphs from the written statement of the defendants.
Final Decision
The Supreme Court partially allowed the appeals, holding that paragraph 6(c) should not have been struck out while upholding the striking out of paragraph 7(d) except for the last part.
Law Points
- Religious authority
- trustee rights
- written statement
- injunction
- management of religious properties
