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1997 Supreme(Raj) 1161

SHIV KUMAR SHARMA
S. K. S. Rangacharyulu – Appellant
Versus
Kailash Vyas – Respondent


Advocates:
For the Petitioner:Mr. Sanjay Mehrish, Advocate.
For the non-Petitioner:Mr. G.C. Garg, Advocate.

JUDGMENT

1. - Pivotal question that falls for consideration in this revision is whether an order of trial Court granting permission to file suit under Section 92 of the Civil Procedure Code is revisable under Section 115, C.P.C?Back-Ground Facts

2. This question emerges in the following circumstances :

(a) The plaintiff-non-petitioners (for short the plaintiffs) instituted suit against the defendant-petitioners (for short defendants) in the Court of the District Judge, Kota stating therein that a registered trust was created for temple of Shri Jagdish ji situated in Rampura Kota, for the proper management of the temple properties. Defendant S.K.S. Rangacharyulu was appointed as working Trustee but for the management of the temple a committee was constituted. The defendants, it was averred is given the said committee and started selling the temple property. They instead of arranging Seva Puja, started spending the income of temple for their own pleasure. Therefore, it was prayed that the defendant S.K.S. Rangachal-yulu be removed from the office of trustee and new trustee be appointed for the proper management of the temple property. Along with the suit, application under Section 27,































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