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1954 Supreme(Cal) 91

RENUPADA MUKHERJEE, R.P.MOOKERJEE
SATYANANDA BRAHMACHARI – Appellant
Versus
PHANI LAL MOOKERJEE – Respondent


Advocates Appeared:
NALINI RANJAN BHATTACHARJI, PAYODHI NATH ROY CHOUDHURY, S.M.BOSE, Samarendra Krishna Deb, SUBODH CHANDRA BASAK

K. P. MOOKERJEE, J.

( 1 ) THE only question raised in this appeal is whether the plaintiffs had obtained the consent required under Sections 92 and 93, Civil P. C. , for filing the present suit. The learned District Judge has held against the plaintiffs. Hence this appeal to this Court.

( 2 ) THE three plaintiffs claimed to be persons interested in the sheba puja of the famous deity Sri Sri Kalimata of Kalighat.

( 3 ) IT is alleged that this temple along with other associate ones are part of a public endowment. They are riot being properly managed. Certain definite allegations are also made about mismanagement and misappropriation.

( 4 ) IN the body of the plaint it is averred that this suit is brought under the provisions of Section 92 read with Section 93, Civil P. C. , and that the written consent of the Collector, 24-Parganas as required therein had been obtained. On the original plaint the Collector, 24-Parganas made the following endorsement:"under Government Order No. 5977-J, dated 11-11-1949, I hereby give consent in writing to the institution of this suit under Section 92, Civil P. C. , by the applicants (1) Sreemat Swami Satyananda Brahmachari (2) Ganapati Sarkar and



































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