DATA RAM Vs. SHIV PRASAD BHATT & ORS.

JUDGEMENT

(1.) THIS civil revision, preferred under Section 115 of Code of Civil Procedure, 1908, is directed against the order dated 5-2-2005 passed by learned District Judge, Tehri Garhwal, whereby the leave for filing suit under Section 92 of the Code has been granted to the plaintiffs.

(2.) BRIEF facts of the case are that, there is an ancient temple in District Tehri known as 'MAA BHAGWATI CHANDRABADNI SIDDHA PEETH'. The plaintiffs (present respondents) filed a plaint before the learned District Judge, Tehri Garhwal with the application under Section 92 of the Code of Civil Procedure, 1908, stating that the plaintiffs are 'Pujarees' of said temple being Bhatt Brahmins of village Pujargaon. It was further stated that the revisionists (defendant) with the muscle power got possession of the temple, and appointed himself Trustee. He stopped the plaintiffs from worshipping in the temple. Alleging misconduct on the part of the Trustees that they have not maintained the accounts of the Trust property, removal of the revisionist (defendant) from the Trusteeships is prayed in the plaint and leave was sought under Section 92 of the Code of Civil Procedure, 1908.

(3.) LEARNED Counsel for the revisionist argued that the leave under Section 92 of the aforesaid Code has wrongly been given by the learned trial Court, which is against the law. I have examined the impugned order in the light of Section 92 of the aforesaid Code. For leave under the section, following four ingredients must be established: