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2025 Supreme(Online)(SC) 85701

SUPREME COURT OF INDIA
HIMALAYAN BRAHMO SAMAJ MANDIR TRUST SHIMLA VS. BINDIYA KULLER


O R D E R

1. Leave granted.

2. The short question which arises for consideration in this appeal is as to whether the institution of a suit under Section 92 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), before the Principal District Judge, and its transfer thereafter, to the Additional District Judge due to an administrative exigency, would be in compliance with the said provision.

3. The facts of the case are as under:

The appellants filed an application under Section 92 read with Section 151 of the CPC, seeking leave to file a suit for Signature Not Verified declaration and permanent prohibitory injunction. The said Digitally signed by SWETA BALODI Date: 2025.03.06 Reason: application was filed before the Principal District Judge, Shimla. Due to an administrative exigency, the same was transferred to the Additional District Judge-II, Shimla (for short, ‘the ADJ’). Thereafter, leave was granted by the ADJ, vide order dated 04.04.2015. This was challenged by the defendants before the High Court in a revision petition, which was disposed of with liberty to file an appropriate application seeking revocation of the leave granted. This was accordingly done. Upon hearing the p

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