Sheth Anandji Kalyanji (Religious Charitable Trust) & Anr. vs. State of Rajasthan & Ors.

Code of Civil Procedure, 1908–Order 1, Rule 8–Representative suit–Issuance of public notice to all persons having the interest in the subject matter and cause of action of suit –Petitioners are seeking to confine it only for the person, belonging to Shwetamber or Digamber Jain Community–Though the Hon’ble Supreme Court has settled the issue that the temple in question is a jain temple and not a hindu temple yet the representative suit cannot be confined by restraining any person out of arena of the parties from appearing before the Court–Even a stranger can come and prove the fact–The caste, creed or religious faith, whether the applicant is Shwetamber or Digamber is irrelevant–Moot question is as to whether the person(s) can assist
the Court in arriving to conclusion–Notice issued by Court below is absolutely in accordance with law.