PRAYAGRAJ: Allahabad HC has directed the respondent Hindu side to file its reply within three weeks in response to a petition filed by management committee of Jaunpur's Atala mosque, challenging a local court order.
The court had directed registration of a suit which claimed the mosque was originally an ancient Hindu temple (Atala Devi temple). Justice Rohit Ranjan Agarwal in his order directed the petitioner to file a rejoinder affidavit within a week after the plaintiffs in the suit, Swaraj Vahini Association (SVA) and Santosh Kumar Mishra, file their reply.
SVA and Mishra filed the suit before Jaunpur court seeking a declaration that the disputed property was Atala Devi temple and followers of Sanatan religion had the right to worship there. They also demanded handing over of the disputed property to the Hindu side and a mandatory injunction to restrain non-Hindus from entering the property.
Further, the plaintiffs had also sought permission to sue under Order 1 Rule 8 CPC in a representative capacity. This prayer was allowed in May by the impugned order, and the same was upheld by the district judge in an order in Aug. Both the orders were challenged in the petition before HC.
The mosque management committee pleaded before HC that the plea was defective, as the plaintiff, a society registered under the Societies Registration Act, was not a juristic person and thus was not competent to file the suit in a representative capacity.
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