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1962 Supreme(J&K) 17

K.V.GOPALAKRISHNAN NAIR
Desraj – Appellant
Versus
Dy. Commissioner – Respondent


Advocates Appeared:
Advocate For Appellant: V.S. Malhotra
Advocate For Respondent: Ch. Inder Dass
Advocate For Respondent:Advocate General

The four petitioners ask for a writ of certiorari or other appropriate writ, order or direction for the purpose of ensuring that the first respondent, the Dy. Commissioner Jammu, does not revoke the consent which was accorded by him to the petitioners for instituting a suit under Sec. 92 of the Civil Procedure Code against the second Respondent and some others.

(2) The facts leading up to this petition lie within a brief compass and are not in dispute. The petitioners successfully applied to the first respondent for necessary consent for instituting a suit under Sec. 92 of the Code of Civil Procedure against the second respondent and others. After obtaining the consent, they instituted the suit in the court of the District Judge at Jammu. While the suit was pending, the second respondent moved the first respondent for revoking the consent. The first respondent thereupon caused notice to issue to the petitioners. The petitioners resisted the application of the second respondent on the ground, inter-alia, that the first respondent was not competent to revoke during the pendency of the suit the consent which was validly given by him. The first respondent over-ruled that objection and h































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