GAURI SHANKAR SARAOGI Vs. SHARDA PRASAD DWIVEDI

JUDGEMENT

(1.) Ram Kishan Dass, Har Kishan Das Saraogi is a public trust of religious and charitable nature created for the Hindu public. The said trust owned properties mentioned in Schedules 'A' and 'B' of the proposed plaint i.e. house No. 165, 167 situate at M.G. Road, Clacutta in Schedule 'A' and house No. 1/67 Peepal Mandi, Agra in Schedule 'B'.

(2.) The two applicants/opposite parties both residents of Agra applied for leave of the court at Agra to institute a suit under Section 92 Code of Civil Procedure for removal of the existing trusties two in number, both residents of Calcutta and for appointment of new trusties as well as for directing rendering of accounts of the trust. The application for grant of leave to file proposed plaint was opposed by the Defendant/revisionists herein. One of the objection was that the property at Agra is no more in existence as it has been sold under the orders of the Calcutta High Court dated 28.4.1988, therefore, the application for leave is not maintainable.

(3.) The Additional District Judge, Agra vide judgment and order dated 12.8.1997 allowed the application and granted permission to file the suit under Section 92 Code of Civil Procedure Aggrieved by the aforesaid order, the Defendants have preferred this civil revision under Section 115 Code of Civil Procedure