LAWS(SC)-2017-2-55

SWAMI SHIVSHANKARGIRI CHELLA SWAMI Vs. SATYA GYAN NIKETAN

Decided On February 23, 2017
Swami Shivshankargiri Chella Swami Appellant
V/S
Satya Gyan Niketan Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been filed by the present appellants against the judgment and order dated Aug. 1st, 2011 passed by the High Court of Uttarakhand at Nainital in Civil Revision No.69 of 2008, whereby the revision petition filed by the respondents herein was allowed and consequently the application filed by the appellants under Sec. 92 of the Code of Civil Procedure (in short 'CPC') for obtaining permission to institute a suit was rejected.

(3.) The question which comes up for consideration of this Court in the present matter is whether the High Court, on the basis of analysis of the facts and circumstances of the case and findings of the Court below, while exercising its jurisdiction under Sec. 115 of CPC, was justified in setting aside the order granting permission to initiate suit.