-1- 2025:CGHC:18238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 892 of 2019 1 - Avadh Bihari Das S/o Guru Shri Hanuman Das Aged About 65 Years President Of The Shri Ramchandra Svami Mandir Nyas, Registration No. 01/2015, Village Devkar Tahsil Saja, District Bemetara, R/o Santoshi Mandir, Ward No. 18, Camp-1, Bhilai, Supela District Durg Chhattisgarh ..........(Def. No. 05), District : Durg, Chhattisgarh 2 - Nirbhay Das S/o Guru Barfani Dada Aged About 43 Years Treasurer Of The Shri Ramchandra Svami Mandir Nyas, R/o Khairagarh, District Rajnandgaon Chhattisgarh ..........(Def. No. 04), District : Rajnandgaon, Chhattisgarh 3 - Prabha Devi Patel W/o Shri Govin Singh Patel Aged About 52 Years Vice President Of The Shri Ramchandra Svami Mandir Nyas, R/o Ward No. 03, Bus Stand Devkar, Tahsil Saja, District Bemetara, Chhattisgarh ..........(Def. No. 12), District : Bemetara, Chhattisgarh 4 - M. D. Thakur S/o Shri Ranjeet Singh Aged About 57 Years Secretary Of The Shri Ramchandra Svami Mandir Nyas, R/o House No. 17, Maharana Chowk, In Front Of The Sahu Jalebi, Adarsh Nagar, Durg District Durg Chhattisgarh ..........(Def. No. 09), District : Durg, Chhattisgarh 5 - Vanshilal Devangan S/o Shri Raghuveer Nishad Aged About 61 Years Deputy Secretary, Of The Shri Ramchandra Svami Mandir Nyas, R/o Village Devkar, Tahsil Saja, District Bemetara, Chhattisgarh ..........(Def. No. 10), District : Bemetara, Chhattisgarh 6 - Barfani Dada S/o Guri Arjun Das Aged About 83 Years R/o Amarkantak District Sahdol M. P. , R/o Khairagarh District Rajnandgaon Chhattisgarh.....(Def. No. 03), District : Rajnandgaon, Chhattisgarh 7 - Mahant Shri Ramchandra Ji Das S/o Shri Guru Kanarmal Das Ji Aged About 78 Years R/o Radha Krishna Mandir Devkar, Tahsil Saja District Bemetara Chhattisgarh...... (Def.No. 06), District : Bemetara, Chhattisgarh -2- 8 - Moolchandra S/o Shri Parshadi Aged About 63 Years R/o Village Devkar, Tahsil Saja District Bemetara Chhattisgarh......(Def.No. 08), District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - Shri Ramchandra Svami Mandir Samiti Devkar Tahsil Saja, District Bemetara, Chhattisgarh, Through Member Akhilesh Agrawal Aged About 63 Years S/o Late Shri Harsevak Parasad Agrawal, R/o Village Devkar Tahsil Saja, District Bemetara Chhattisgarh Currently R/o Motipara, Sharda Talkies Road Durg Tahsil And District Durg Chhattisgarh ..........(Plaintiff), District : Durg, Chhattisgarh 2 - Chhattisgarh State Through Collector Bemetara Chhattisgarh (Def. No. 01), District : Bemetara, Chhattisgarh 3 - Sub Divisional Magistrate (Registrar Public Trust) Tahsil Saja District Bemetara Chhattisgarh (Def. No. 02), District : Bemetara, Chhattisgarh 4 - Lal Amarjeet Singh S/o Late Shri Lal Gyandendra Singh Aged About 63 Years Village Devkar Tahsil Saja, District Bemetara, Chhattisgarh ..........(Def. No. 11), District : Bemetara, Chhattisgarh 5 - Vinod Sharma Advocate, Saja R/o Parasvod Tahsil Saja, District Bemetara Chhattisgarh .......(Def. No. 11), District : Bemetara, Chhattisgarh 6 - Omkar Soni S/o Shri Javahar Soni R/o Ward No. 03, Bus Stand Devkar Tahsil Saja, District Bemetara Chhattisgarh .......(Def. No. 13), District : Bemetara, Chhattisgarh 7 - Nagar Panchayat Adhyksha R/o Devkar Tahsil Saja, District Bemetara Chhattisgarh .......(Def. No. 14), District : Bemetara, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : None For Respondent No.1 : Mr. Parag Kotecha, Advocate For Respondents No.2 & 3 : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board -3- 22.04.2025 1) The instant writ petition has been filed challenging the order dated 02.03.2019 passed by the learned Civil Judge, Class-II, Saja, District Bemetara, in Civil Suit No. 20A/2015, whereby the application filed by the defendants under Order 14 Rules 4 and 5 of the Code of Civil Procedure (CPC) for framing an additional issue was rejected. 2) Facts of the Case are that the plaintiff filed a suit seeking declaration that the order dated 20.08.2015 passed by the Sub-Divisional Officer (Registrar, Public Trust), Saja, be declared null and void. The defendants filed their written statement and denied the averments of the plaint. In paragraph 7 of the written statement, a specific plea was taken that the order passed by the Registrar, Public Trust cannot be challenged in the civil suit. During the pendency of the suit, the defendants moved an application under Order 14 Rules 4 and 5 of CPC making prayer to frame an additional issue, “whether the plaintiffs have the right to file a civil suit challenging the order passed by the Sub Divisional Magistrate (Registrar, Public Trust)’. 3) There is no representation on behalf of the petitioners before this Court. 4) A perusal of the order impugned reveals that a similar objection regarding the maintainability of the suit was raised in an application under Order 7 Rule 11 CPC, which was rejected by the learned Trial Court vide order dated 10.03.2016. The said order was challenged by the defendants by filing Civil Revision No. 71/2016, which was subsequently withdrawn with the liberty to raise all available -4- grounds in the written statement. As such, the order dated 10.03.2016 attained finality. 5) Since the issue regarding the maintainability of the suit has already been considered and decided by the trial Court, there is no justification to frame an additional issue on the same ground. 6) In the opinion of this Court, the learned trial Court has rightly rejected the application filed under Order 14 Rules 4 and 5 CPC. Accordingly, the instant writ petition being devoid of merit is liable to be and is hereby dismissed. 7) Interim relief, if any, granted earlier, stands vacated. 8) No order as to costs. Sd/- (Rakesh Mohan Pandey) Judge Nadim