NARESH CHANDRA Vs. RAJESH CHANDRA AND OTHERS

JUDGEMENT

(1.) Heard Sri B.P. Nautiyal, counsel for the revisionist and Sri B.K. Gupta and Sudhir Kumar, counsel for the respondents.

(2.) By the present civil revision filed under Sec. 115 of the Code of Civil Procedure, the revisionist-defendant has prayed for setting aside the order dated 14th Nov., 2002 by which the application under Sec. 92 of the Code of Civil Procedure for the Leave to institute the suit relating to a Dharamshala for framing the scheme of management of Dharamshala/appointing trustee for management and for accounting has been allowed.

(3.) In reply to the application filed under Sec. 92 of the Code of Civil Procedure, the defendant no. 1 has filed the objections stating therein that it is not a public trust. The District Judge vide his order dated 14th Nov., 2002 has allowed the application under Sec. 92 of the Code of Civil Procedure by observing that whether the trust is a public trust or private and the same shall be decided in the suit itself. The District Judge has recorded the finding that it is a Dharamshala for the use of the passengers, which is a charitable purpose.