Emphasis supplied However, as per order dated 29.03.2011, the objection was overruled holding that the petitioner failed to prove beyond doubt as to whether the elected office bearers of the Wakf Board would companye under the purview of the office of profit as stated under Article 191 of the Constitution of India Annexure P1 c Annexure C .
If the party does number prove those facts, he fails at the trial see Philipps v. Philipps and others6 Mohan Rawale Damodar Tatyaba alias Dadasaheb and others7 .
