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Synopsis

Plaintiff Rakhi Singh's counsel on Monday argued on the maintainability of the suit filed by 5 Hindu women for performance of all rituals of Hindu deities allegedly residing inside the Gyanvapi complex in Varanasi.

Varanasi District and Sessions Judge, Dr. A.K. Vishvesha is currently hearing the arguments of the Hindu Parties opposing the application moved by the defendants (i.e. Muslim Parties) under Order 7 Rule 11 of the Code of Civil Procedure questioning the maintainability of the instant suit.

Senior Counsel Maan Bahadur along with Advocates Anupam Dwivedi, and Shivam Gaur, on behalf of Rakhi Singh (Plaintiff no.1), placed their arguments.

Advocate Anupam Dwivedi informed the media that the arguments on behalf of plaintiff nos. 2-5 had already been completed on Friday last week and arguments on behalf of plaintiff no. 1 have now begun.

He told that several judgments of the Supreme Court were cited before the Court by Advocate Shivam Gaur on behalf of Rakhi Singh in support of the contention that the claim of the defendants (i.e. the Muslim side) under Order 7 Rule 11 of the C.P.C. does not stand and the arguments of the defendants are a matter of evidence for which the stage has not arrived yet.

"I placed my arguments in two-folds. First, the Waqf Act, 1995 is not applicable to non-muslims and plain reading of Section 3 of the Act clarifies that; second, the Act was enacted for better administration and management of Waqf properties, not for settling civil disputes," Dwivedi told. 

Dwivedi further informed that the Court has put up the matter for Tuesday, July 19 wherein counsel for Plaintiff no. 1 Rakhi Singh shall press upon their right to worship as a “civil right”.

The Top Court ordered on May 20 that the Order 7 Rule 11, CPC application shall be decided on priority by the District Court. The lower court had appointed an Advocate Commissioner to survey the report of the same was submitted. Objections to the same were invited, meanwhile, the Muslim side moved the Order 7 Rule 11, CPC application challenging the maintainability of the suit.

Case Title: Rakhi Singh and Ors v. State of UP and Ors.