[2025:RJ-JP:124] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5816/2019 Devendra Kumar Jain S/o Shri Ami Chand, Aged About 75 Years, Resident Of Rajiv Gandhi Nagar, Kota. ----Petitioner Versus 1. Gyan Chand Jain Son Of Shri Gulab Chand Ji Jain, 7, Gulab Kutir, Gulab Bari, Kota, Rajasthan. 2. Sobhagmal Son Of Late Shri Hajari Lal Ji Jain, Khatod Through L.rs 2/1. Mukesh Kumar Jain Son Of Late Shri Sobhag Mal Jain, Resident Of Fatehgarhi, Rampura, Kota, Rajasthan. 3. Lal Chand Jain Son Of Shri Hajari Lal Jain Bawaria, Resident Of House No.4-Kha-15, Vigyan Nagar,kota, Rajasthan (Since Deceased) 4. Assistant Commissioner, Department Of Devasthan, Division Kota. 5. Mandir Shri Tara Chand Ji Bagherwal Digambar Jain Trust, Kota, Through Manager Shri Lal Chand Jain S/o Shri Hajari Lal Jain Babaria, R/o Kota ----Respondents For Petitioner(s) : Mr. J. P. Goyal, Senior Counsel with Ms. Meenal Bhargava, Adv. Mr. D. K. Dixit, Adv. For Respondent(s) : Mr. Ashok Kumar Pareek, Adv. with Ms. Rani Bhandari, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 02/01/2025 This Civil Writ Petition has been filed by the petitioner- applicant (for short 'the applicant') against the order dated 05.02.2019 passed by District Judge, Kota in Civil Misc. Case No.26/2007, whereby application filed by the applicant under [2025:RJ-JP:124] (2 of 3) [CW-5816/2019] Order 1 Rule 10 CPC for his impleadment as party in the suit filed by the respondent(s) has been dismissed. Learned senior counsel for the applicant submits that respondent Nos.1 and 2 filed a suit against the respondent Nos.3 to 5 in which applicant filed an application under Order 1 Rule 10 CPC for his impleadment as a party being the trustee of the trust but trial court vide order dated 05.02.2019 dismissed the application filed by the applicant. Learned senior counsel for the applicant also submits that applicant is the trustee of Mandir Shri Tara Chand Ji Bagharwal Digambar Jain Trust, so, he is a necessary party. Although, he had not submitted any document regarding his trusteeship in the trust. Learned senior counsel for the applicant also submits that even otherwise too, applicant is a member of the Jain community. So, he could be impleaded as a party respondent. So, order dated 05.02.2019 passed by the trial court be set aside. Learned counsel for the respondent Nos.1 and 2 has opposed the arguments advanced by learned senior counsel for the applicant and submits that applicant had not submitted any document regarding his trusteeship of the trust. Trust is represented by trustees. So, applicant is not a necessary party. So, trial court rightly dismissed the application filed by the applicant. So, present petition filed by the applicant being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned senior counsel for the applicant as well as learned counsel for the respondent Nos.1 and 2. [2025:RJ-JP:124] (3 of 3) [CW-5816/2019] Applicant had not submitted any document which could prove that he was a trustee of the trust. So far as contention of the applicant is that applicant be impleaded as a party respondent on account of a member of the Jain community. In my considered opinion, trial court rightly dismissed the application filed by the applicant on that count also. So, present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, stand(s) dismissed. (NARENDRA SINGH DHADDHA),J Jatin /91