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1965 Supreme(J&K) 31

JANKI NATH BHAT
Arjun Nath – Appellant
Versus
Kailash – Respondent


Advocates Appeared:
Advocate For Appellant: Sudershan Kaul
Advocate For Respondent: D.N. Gadoo
Advocate For Respondent: K.N. Raina

This is a revision petition against the order of the learned Distt. Judge Srinagar dated 6-5-64 where by he has dismissed an appeal against the order of First Additional Munsiff Srinagar dated 16-11-63. The First Additional Munsiff had returned the plaint of the petitioners for presentation to the proper court as in his opinion the suit was not competent under the provisions of S. 92 Civil P. C. and further held that the suit should have been brought in the court of the District Judge. This order of the First Additional Munsiff was upheld by the learned District Judge. It is against this order that this revision has been filed by the petitioners.

Two gentleman, Sh. Arjun Nath and Radha Krishan, petitioners before me, had brought a suit for declaration against two persons Jia Lal Ganju (since deceased whose legal representatives have been brought on record) and Jia Lal Khushoo praying for various reliefs which shall be mentioned presently. The suit of the plaintiffs was that at Narsingarh Srinagar there exists a temple known as Mandir Khakchowk-a public temple and a religious place of worship for all Hindus of Srinagar. The plaintiffs are also Hindus and are interested in the worship







































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