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1957 Supreme(P&H) 8

BHANDARI
Kidar Nath Datt – Appellant
Versus
Kishan Das Bairagi – Respondent


Judgment

Bhandari, J.

1. This petition trader Section 115 of the Code of Civil Procedure raises the question whether a new defendant can be added in a suit under Section 92 of the Code of Civil Procedure without the previous sanction of the Advocate-General.

2. On the 26th August 1955 Ch. Kidar Nath. Rai Bahadur Gopal Das & certain other persons brought a suit under Section 92 of the Code of Civil Procedure against Ramsaran Das & Ram Pra-kash in which they asked for the removal of Ramsaran Das from the office of Mahant of a Thakardwara. On the 21st November 1955 one Kishan Das presented an application under Rule 10 of Order 1 of the Code of Civil Procedure in which he prayed that he be impleaded as a defendant to the suit as Ramsaran Das had been removed and Kishan Das had been appointed a Mahant by the sewaks on the 23rd June 1853. The trial Court acceded to this request despite the protests of the plaintiffs and impleaded Kishan Das as defendant No. 3. The plaintiffs are dissatisfied with the order and have come to this Court in revision.

3. It is a recognised principle of law that a person is not at liberty to secure the redress of a public wrong by means of a civil suit when he

















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