BUDH NATH Vs. BACHCHI RAM @ VIDYASAGAR

JUDGEMENT

(1.) THIS appeal, preferred under Section 96 read with Order XLI Rule 1 of Code of Civil Procedure, 1908 (herein after referred as CPC), is directed against the order dated 30.03.2000, whereby the trial court (District Judge, Pauri Garhwal) has quashed the permission granted by his predecessor under Section 92 of CPC to institute the suit, and rejected the plaint under Order VII Rule 11 of CPC.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) DISTRICT Judge, Pauri, vide his order dated 02.05.1994, granted the permission under Section 92 of the Code and passed following order :