1 27 S.B. CIVIL SECOND APPEAL NO.298/2006. Public Trust Shri Geeta Satsang Bhawan Vs. Shri Radhey Shyam & Anr. Date of Order :: 21st January 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. D.C. Sharma, for the appellant. ..... BY THE COURT: Learned counsel for the appellant frankly points out that another appeal filed by the appellant, being CSA No.296/2006, involving identical issues, has already been dismissed by this Court and has also placed for perusal a photostat of the order dated 19.09.2006 wherein, while dismissing the said appeal, this Court has noted and observed,- “Heard learned counsel for the appellant. The learned lower Appellate Court has dismissed the suit for eviction finding that the plaintiff-trust is not duly registered under the provisions of Rajasthan Public Trust Act. It was contended by learned counsel for the appellant that even by virtue of Section 29 of the Rajasthan Public Trust Act, there is no bar against maintainability of the suit, and the bar is only against hearing and decision of the suit, therefore, the suit could not be dismissed. Learned counsel for the appellant was pointedly put, as to whether even as on the date the plaintiff-trust has been registered or not under the provisions of the Public Trust Act, and the 2 answer given by the learned counsel for the appellant was in negative. In that view of the matter, I do not find any error in the finding of the learned lower Appellate Court. The appeal is, therefore, dismissed summarily.” In the present case too, the learned first Appellate Court has found that the suit could not be tried for the plaintiff being not registered in terms of the provisions of the Rajasthan Public Trusts Act, 1959. In view of such finding on issue No.3, and in view of the decision aforesaid in similar matter, the present appeal is also required to be, and is hereby dismissed summarily. (DINESH MAHESHWARI), J. Mohan/