LAWS(DLH)-2006-11-49

HAMMAD AHMED Vs. ABDUL MUEED

Decided On November 16, 2006
HAMMAD AHMED Appellant
V/S
ABDUL MUEED Respondents

JUDGEMENT

(1.) This is an application filed by the plaintiffs praying for grant of leave in terms of Section 92 of the Code of Civil Procedure for proceeding further in the above mentioned civil suit filed by the plaintiffs seeking directions for the administration of Hamdard Dawakhana (Wakf) for appointment of an Administrator thereof and for removal of defendant No.1 from the office of Chief Mutawalli.

(2.) The plaintiffs, inter alia, pray for the following reliefs:-

(3.) On 18th August, 2004, the plaintiffs made an oral prayer before this court seeking leave under the provisions of Section 92 of the Code of Civil Procedure, 1908. Notice was issued to the defendants to show cause as to why leave under Section 92 of the Code of Civil Procedure be not granted to the plaintiffs to institute the suit on their oral prayer. Notice was accepted by counsel for the defendants, Mr.Shahzad Khan, Advocate, who sought time to file reply. In the meanwhile, the present application has been filed by the plaintiffs by way of abundant precaution.