( 1 ) THIS first appeal from order is directed against an order dated 27-31996, followed by a formal order dated 17-41996 recorded by the IInd Addl. Distt. Judge. Bijnaur, in Misc. Cafe No. 113 of 1990 under Section 92, CPC rejecting the prayer of the appellants for leave to institute a suit of the nature spoken of under Section 92, CPC. The application in question was filed by the present appellants under Section 92, CPC read with Order 1, Rule 8 and Section 151 CPC. It was stated that the property indicated in the plaint stood vested in the Almighty and the temple and other properties of the deity formed a public trust and a suit for relief covered by Section 92. CPC could be filed only after obtaining leave of the court.

( 2 ) IN the application before the court below it was stated that Sahu Chhajmal Das was a renowned Zamindar of religious bend of mind and for the religious Hindus in general he had set up a temple of Satayanarayan Ji Maharaj more than 100 years ago. A deity was installed in the temple. The people used to assemble there for worship. The Zamindar also sank a well and also set up a dharamshalla for the benefit of the followers of Hindu religion.