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2008 Supreme(Mad) 2271

M.CHOCKALINGAM, R.SUBBIAH
Harakh Chand Golecha – Appellant
Versus
Chandraprabha Jain Swetamber Temple Rep. By its Potedar R. Prakash Chand Golecha – Respondent


Advocates appeared:
For the Petitioner:S. Satish Parasaran, Advocate.
For the Respondent:T. Viswanatha Rao, Advocate.

Judgment

M.CHOCKALINGAM, J.

Challenge is made to an order of dismissal made by the learned Single Judge in Application No.3578 of 2003 filed under Sec.92 of the Code of Civil Procedure for leave to file the suit.

2. The Court heard the learned Counsel on either side. The averments in the plaint, the affidavit in support of the application and the counter affidavit are looked into. The order under challenge is also perused.

.3. The appellants as plaintiffs made the said application under Sec.92 of C.P.C. seeking

.leave to file the suit for the reliefs found therein, alleging that the suit is filed for approval of the scheme of trust for the proper and efficient administration of the affairs and properties of the first defendant temple which is in the sole control and custody of the second defendant. The plaintiffs are Jains by birth and persuasion, and they are regular devotees and worshippers of the first defendant temple. The first plaintiff was nominated as one of the members of the High Level committee in the meeting dated 24. 2003, to finalise the draft trust deed for the administration of the first defendant temple.

4. It is further alleged by the plaintiffs that Shree Ch


















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