CR-36/2009-Raju Singh & Ors. Vs. Sher Singh & Ors. Judgment dt.22.2.2010 1/2 S.B. CIVIL REVISION PETITION NO.36/2009 Raju Singh & Ors. Vs. Sher Singh & Ors. Date of order : 22nd February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sandeep Saruparia for the petitioner. Mr. Pradeep Shah for the respondents. Mr. Hemant Choudhary, Government Counsel. ------- 1. This appeal is directed against the order dated 19.8.2008 whereby the learned District Judge, Rajsamand allowed the appeal of the plaintiffs and remitted the matter back to the learned trial court for trial holding that the application under Order 7 Rule 11 C.P.C. was dismissed wrongly and plaintiffs had a cause of action in the matter. According to the plaint, the cause of action is as to what should be the name of a Government School whether the name of another village “Jalpa” should be included in the name of school with the name of village “Ruparail” or not allegedly provided a cause of action to the plaintiff. 2. This Court is at loss to understand how a private citizen of a village or a group of villagers can have any semblance of right in this matter to waste the time of the Court up to High Court for such a frivolous litigation. This Court intends to, therefore, impose an exemplary cost on the plaintiffs who approached the trial court in the first instance. CR-36/2009-Raju Singh & Ors. Vs. Sher Singh & Ors. Judgment dt.22.2.2010 2/2 3. Since by the impugned order dated 19.8.2008 the learned District Judge has rejected the application under Order 7 Rule 11 C.P.C. and asked the trial court to proceed with the trial, the said order dated 19.8.2008 deserves to be set aside. 4. Accordingly this writ petition is allowed and the impugned order dated 19.8.2008 is set aside and the suit filed by the plaintiff-respondent is dismissed with cost of Rs.10,000/- which will be born by each of the plaintiffs equally. The said cost may be deposited by the plaintiffs within a period of one month from today in the Legal Aid Fund maintained by the District Judge, Rajsamand. If the plaintiffs fail to pay the said cost, the trial court will be free to proceed to attach the property of the plaintiffs and recover the cost from them. [ DR. VINEET KOTHARI ], J. item No.74 babulal/