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1968 Supreme(Pat) 77

CHOUDHARY, SHAMBHU PRASAD SINGH
Sheo Shankar Choubey – Appellant
Versus
Bihar Hindu Religious Trust Board – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This application under Sec.115 of the Code of Civil Procedure involves an important question of law as to whether the authority under Sec. 43 of the Bihar Hindu Religious Trusts Act (hereafter to be referred to as the Act) is a court and thus amenable to the revisional jurisdiction of this Court under Sec.115 of the Code.

2. The Bihar Hindu Religious Trust Board (hereafter to be referred to as the Board) through its President filed an application before the authority appointed under Sec. 43 of the Act with the following prayers :-

-

"It is accordingly prayed that your honour will be graciously pleased to declare that the Math situated in village Atarsan along with the properties attached to it, of which the opposite party is a trustee comes within the purview of the Bihar Hindu Religious Trusts Act. 1951......."

Subsequently the Board also filed a petition for amendment stating therein that schedule of the properties attached to the Math were left out in the original petition by mistake of the typist and prayed that the petition might be amended by adding a schedule of the properties of the Math. An objection was taken before the authority by the












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