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1967 Supreme(Pat) 26

G.N.PRASAD, R.K.CHOUDHARY
Radhanath Pathak – Appellant
Versus
Bihar State Board Of Religious Trusts – Respondent


Judgment

1. The defendants are the petitioners in this case. On the 25th May, 1964, a suit was filed by the Board of Religious Trusts for a declaration that the Thakurbari. Trustees whereof are the defendants, and all the properties attached thereto are Hindu public trust properties, and not private one. After the plaint was admitted on the 18th June, 1964, an order was passed on that very date for the plaintiff to file process-fees and written processes by the 4th July, 1964. Thereafter, several adjournments were given in the case for the purpose of filing process-fees and written processes; but the plaintiff did not comply with the order, and, ultimately, on the 14th November, 1964, the suit was dismissed for default of the plaintiff to file process-fees and processes. On the 18th February, 1965, an application under Sec.151 of the Code of Civil Procedure was filed by the plaintiff for setting aside the dismissal of the suit. In that application, the plaintiff alleged that it came to know of the order of the dismissal of the suit on the 26th December, 1964. The Court below held that the application for restoration of the suit was barred by time, and, therefore, it could not be all



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