Hearing on claim of ‘existence of ancient Shiv Mandir under Ajmer Dargah’ deferred

The hearing in the case on the belief that “remains of a Shiv Mandir” beneath the premises of Dargah of Sufi Saint Khwaja Moinuddin Hasan Chisti in Ajmer was deferred until February 21 next month.

The case, filed by chief of outfit Hindu Sena Vishnu Gupta was listed in the Ajmer Civil Court’s cause list on Saturday. However, the hearing could not be held due to “work-boycott” by lawyers.

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In his case, Plaintiff Gupta has claimed that there was a Shiv Temple in the Dargah Sharif premises in the ancient era. “Traces — remnants of which are still buried beneath the earth in the Dargah premises,” he claimed and prayed before the court to order for special survey by Archeological Survey of India (ASI) for ascertaining the existence of (claimed) Shiv Temple.

The Anjuman Committee, one of the respondents, has prayed for summary dismissal of the case, calling it a sort of gimmick aimed at garnering cheap publicity.

The organisation has also stated in its application that the case is not maintainable in the light of the Places of Worship Act 1991.

Before proceeding with the hearing in the case, the court is likely to decide on the application pending before it under 7/11 CPC, (Order VII Rule 11 of the Code of Civil Procedure – 1908) – that allows courts to summarily reject a plaint at the outset, if it lacks a valid cause of action, is barred by law, is undervalued, or fails to meet other basic legal requirements, preventing frivolous litigation.