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2006 Supreme(UK) 119

PRAFULLA C.PANT
SAVITA AGRAWAL – Appellant
Versus
SARADA MATH NYAS THROUGH SANYASI – Respondent


Advocates Appeared:
B.D.Pandey, Sudhir Kumar

PRAFULLA C. PANT, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) THIS revision, is directed against the finding and order dated 08. 06. 2004, whereby learned Civil Judge (Senior Division)/ F. T. C. Almora has decided issue Nos. 3 and 5 in negative in Civil Suit No. 38 of 2002.

( 3 ) RELEVANT issues framed by the trial court, on which impugned findings are given, read as under: 3. Whether, the suit is under valued and court fee paid is insufficient? 5, Whether, the suit is bad for nonjoinder for necessary party?

( 4 ) PERUSAL of the copy of plaint shows that three plaintiffs namely, Sarada Math Nyas, pravajika Prabha Prana and Pravajika Bhuma prana have filed the suit for cancellation of sale deed and injunction against the defendant/revisionist and one another person. In paragraph no. 2 of the plaint it is pleaded that the plaintiff No. 1 is a registered society and Prabha prana is its recognized representatives. It is alleged in the plaint that the defendant No. I/revisionist has started encroaching upon the land owned by the plaintiff society and started constructing a hotel on it. It is further alleged in the suit by the plaintiffs, that the land purchased for Rs. 1,15,000





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