In the matter of Krishna Janmabhoomi and Shahi Eidgah dispute at Mathura, it was submitted on behalf of Hindu side by the counsel on Monday that the Places of Worship (Special Provisions) Act, 1991 will not apply in the present case and it applies only in the case of undisputed structure and not in case of a disputed structure as in present case.
In the 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 a temple cannot bar the institution of a suit. All this is to be decided in suit itself on merit,” the counsel submitted.
After hearing, Justice Mayank Kumar Jain directed that the hearing of this matter will continue on Tuesday (May 21, 2024).
The matter is being heard by Justice Mayank Kumar Jain on applications filed under Order 7 Rule 11 of the Civil Procedure Code (CPC) moved by Muslim side challenging the maintainability of the suits claiming that the suits are 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 after leading evidence. Hence, the application moved by the Muslim side raising the question of maintainability of the suit is liable to be rejected.
{{/usCountry}}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 after leading evidence. Hence, the application moved by the Muslim side raising the question of maintainability of the suit is liable to be rejected.
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