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1962 Supreme(MP) 86

P.V.DIXIT
CHAUDHARI KANHAIYALAL KESHRIMALJI – Appellant
Versus
SHANKARPRASADJI BABU RAMPRASAD BHARGAVA – Respondent


Advocates Appeared:
Chazzed, K.A.Chitale, S.R.JOSHI

P. V. DIXIT, C. J.

( 1 ) THIS is a petition to revise an order of the District Judge, Ujjain, directing the petitioners to pay ad valorem court-fees in a suit filed by them with the consent of the Advocate-General under Section 92, Civil Procedure Code.

( 2 ) THE petitioners are two in number. They claim to be the Shwetambar Murti-Poojak Jains and followers of Tapagachha group worshipping the idol of Shri sheshphana Parshwanathji. In this capacity they have filed a suit in respect of an alleged public trust for religious and charitable purposes created by Premvijayaji yeti by his will. That trust is said to relate to the temple of Shri Parshwanathji sheshphana situated in Bansphod Gali, Ujjain. The three defendant-opponents, sarvashri Shankarprasad, Bnan-varlal son of Gyanchand and Deepchand, are alleged to be the three surviving trustees appointed under the will executed by premvijayaji. The fourth defendant-opponent Bhanvarlal son of Akheraj is alleged to have obtained certain trust property from his deceased father Akheraj, who was also one of the trustees appointed by the will of Premvijayaji. The plaintiffs have averred that the said Bhanvarial has been impleadcd in the suit a







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