Case Note & Summary
The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order dated 10.1.2011 passed by the learned Civil Judge, Senior Division, Ahmednagar, rejecting its application under Order 7 Rule 11 CPC for rejection of plaint in R.C.S. No. 197 of 2006. The respondent No.1 (Milind Govind Kshirsagar) had instituted the suit claiming a decree of injunction restraining the defendants from interfering with his right to perform pooja and other religious activities in respect of family idols situated at certain premises. The plaintiff claimed to be a shebait appointed by the Kshirsagar family and asserted a private civil right. The defendant trust contended that the suit was barred under Section 80 of the Bombay Public Trusts Act, 1950, as the trust was a public trust and the dispute fell within the exclusive jurisdiction of the Charity Commissioner. The trial court rejected the application, holding that the plaint disclosed a cause of action and the civil court had jurisdiction. In revision, the High Court upheld the trial court's order, observing that the plaintiff's claim was based on private civil rights as a shebait, and the bar under Section 80 of the Bombay Public Trusts Act did not apply to such claims. The court noted that the plaint clearly disclosed a cause of action and the application for rejection was rightly dismissed. The revision application was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Rejection of Plaint - Order 7 Rule 11 CPC - Jurisdiction of Civil Court - Suit for injunction filed by plaintiff claiming to be shebait and seeking protection of his right to perform pooja of family idols - Defendant trust sought rejection of plaint on ground of bar under Section 80 of Bombay Public Trusts Act, 1950 - Held that the plaint discloses a cause of action and the civil court has jurisdiction to try the suit as the plaintiff asserts private civil rights, not merely trust matters (Paras 3-5). B) Trusts and Charities - Bombay Public Trusts Act, 1950 - Section 80 - Bar of Jurisdiction - Suit relating to private civil rights of shebait - The bar under Section 80 applies only to matters falling within the exclusive jurisdiction of the Charity Commissioner under the Act - Where the plaintiff claims a personal right to perform pooja as shebait, the civil court's jurisdiction is not ousted (Para 5).
Issue of Consideration
Whether the civil court has jurisdiction to entertain a suit for injunction filed by a shebait claiming private civil rights in respect of performance of pooja of family idols, despite the provisions of the Bombay Public Trusts Act, 1950, and whether the plaint is liable to be rejected under Order 7 Rule 11 CPC.
Final Decision
The High Court dismissed the Civil Revision Application, upholding the trial court's order rejecting the application for rejection of plaint. No order as to costs.
Law Points
- Order 7 Rule 11 CPC
- Rejection of plaint
- Jurisdiction of civil court
- Bar under Section 80 of Bombay Public Trusts Act
- 1950
- Private civil rights
- Shebait rights
