Places of worship Act not applicable in Krishna Janm Bhumi Shahi Eidgah dispute, say counsels: HC hearing continues

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In the matter of Krishna janmbhumi and Shahi Eidgah dispute at Mathura, appearing on behalf of Hindu side it was submitted by the counsels on Monday that Places of worship Act 1991 will not apply in the present case and it applies to only in the case of undisputed structure and not in case of a disputed structure, as in present case. In present case the character of the structure is still to be decided in the suit and it is to be decided only by evidence.

 

“An illegal construction on temple cannot bar the institution of suit. All this to be decided in suit itself on merit.” counsel submitted. The places of worship Act, 1991 prohibits conversion of any place of worship and provides that religious character of any place of worship will remain the same as existed on August 15, 1947.

 

The counsel for Hindu side further submitted that an application under order 7 rule 11 of civil procedure code (CPC) can only be decided after framing issues and offering evidence from parties.

 

On question of compromise entered into 1968 , it was submitted that it also cannot be seen at the stage of deciding application on maintainability of suit .

 

After hearing, Justice Mayank Kumar Jain directed that the hearing of this matter will continue Tuesday (May 21, 2024).

 

The matter is being heard by Justice Mayank Kumar Jain on applications filed under order seven rule eleven of civil procedure code (CPC) moved by Muslim side challenging the maintainability of the suits. The order 7 rule 11 of the CPC provides the grounds on which a plaint can be rejected. One of the grounds is that the plaint would be rejected if it is barred by any law. Hence, under this order of CPC, the Muslim side has moved an application and taken the plea that the suits of Hindu side or restoration of temple is barred by the Places of Worship Act 1991, which prohibits conversion of any place of worship as existed on August 15, 1947.

 

However, the stand taken by the Hindu side is that the suits are maintainable. According to them, the plea regarding non-maintainability can only be decided only after leading evidence. Hence, the application moved by the Muslim side raising question of maintainability of the suit is liable to be rejected.

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