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1974 Supreme(Pat) 32

SHIVESHWAR PRASAD SINHA
Parsuram Dubey – Appellant
Versus
Mahanth Laxman Das – Respondent


Judgment

Shiveshwar Prasad Sinha, J.

1. This application by the defendant first party is directed against an order dated the 5th November, 1973, admitting into evidence a certain document.

2. In a suit, being Title Suit No. 158 of 1969, the relief sought was a declaration that Madarghat Thakurbari with its deities and properties, mentioned in the Schedule of the plaint, is a Public Hindu Religious Trust. This was a suit in a representative capacity under Order 1, Rule 8 of the Code of Civil Procedure (hereinafter referred to as the Code). After hearing of the suit had progressed for quite sometime, on 20-9-1973 a petition was filed under Order 13, Rule 2 of the Code for the admission of a bahi, known as Karyabahi Bahi (wrongly described as Karyakram Bahi) of Natya Kala Parishad, known as Ram Krishna Natya Kala Parishad. According to the Plaintiffs, this document was being filed in support of what was stated in paragraph 8 of the plaint, namely, that a committee was appointed to advise the Mahanth on matters of development of the Thakurbari, and in pursuance thereof a Natya Kala Parishad of the Thakurbari had been established, in order to indicate the public character of the Thakurba










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