[2025:RJ-JP:19118] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 36/2025 1. Surendra Peepada S/o Shri Bahadur Singh Peepada, R/o Peepada Bhawan, Peepli Chauraha, Bijainagar, District Ajmer, Mantri Of Shri Pragya Jain Smarak Samiti, Bijainagar. 2. Padamchand Khabia S/o Shri Milapchand Khabia, M/s M. Ashok Kumar And Company, 10-A-295, Dock Bungalow Road, Ichalkaranji-416115 (Maharasthra), President Of Akhil Bhartiya Shri Nanak Jain Shrawak Samiti, Bijainagar. 3. Gautam Chand Vinaykya S/o Shri Dharmichand Vinaykya, R/o D-03, Raman Marg, In Front Of L.b.s College Tilak Nagar, Jaipur-302004 (Raj.) Mahamantri Of Akhil Bhartiya Shri Nanak Jain Shravak Samiti, Bijainagar. ----Petitioners Versus 1. Gopichand Lodha S/o Late Shri Mangilal Ji Lodha, R/o 44, Bajrang Colony, Faisagar Road, Ajmer, Senior Shravak, Chaturvidhi Sangh, Nanak Sampraday. 2. Laxmichand Badola S/o Shri Suganchand Ji Badola, R/o 802-B, Highland Park, Lokhandwala Complex, Off Link Road, Andheri West, Mumbai-53, (Maharsthra) Western Zone Zonal President Of Akhil Bhartiya Shri Nanak Jain Shravak Samiti, Head Office- Pragya Bhawan, Sathana Bazar, Bijainagar, District Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Alok Chaturvedi, Adv. For Respondent(s) : None present HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 06/05/2025 This civil revision petition has been filed by the petitioners- defendants (for short 'the defendants') against the order dated [2025:RJ-JP:19118] (2 of 3) [CR-36/2025] 18.10.2024 passed by Civil Judge and Judicial Magistrate, Bijainagar, District Ajmer (for short 'the trial Court') in civil suit No. 30/2022, whereby the trial Court dismissed the application filed by the defendants under Order 7 Rule 11 CPC. Learned counsel for the defendants submits that respondent Nos. 1 and 2-plaintiffs (for short 'the plaintiffs') filed a civil suit for declaring the information of meeting dated 14.08.2022 and purported meeting dated 16.08.2022 in which Shri Priyadarshan Muni Ji was declared as sanghanayak by Shri Nanak Jain Shravak Samiti as null and void and permanent injunction against the defendants. Learned counsel for the defendants also submits that the defendants filed an application under Order 7 Rule 11 CPC before the trial Court that no cause of action accrued to the plaintiff No. 1 because plaintiff No. 2 had withdrawn the suit of his part. Plaintiff No. 1 had not pleaded that whether he is a member of Akhil Bhartiya Shri Nanak Jain Shravak Samiti, Bijainagar or Shravak Chaturvidhi Sangh, Nanak Sampraday. He had not filed the documents in this regard. He had not shown that how his legal right and interest were violated. So, no cause of action accrued to the plaintiff No. 1 but the trial Court vide order dated 18.10.2024 wrongly dismissed the application filed by the defendants. So, the order dated 18.10.2024 passed by the trial Court be dismissed and the suit filed by the plaintiffs be also dismissed on account of non-disclosure of cause of action. I have considered the arguments advanced by learned counsel for the defendants and perused the impugned order. [2025:RJ-JP:19118] (3 of 3) [CR-36/2025] Trial Court while dismissing the application filed by the defendants clearly mentioned that a bare perusal of the plaint revealed that cause of action accrued to the plaintiffs on 14.08.2022, 16.08.2022 and 17.08.2022 and also mentioned that cause of action is a mixed question of law and fact, which can't be decided at this stage without taking the evidence of the parties. So, in my considered opinion, the trial Court had not committed any error in dismissing the application filed by the defendants. Therefore, the present revision petition filed by the defendant being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/122