KEDAR NATH Vs. RAJA RAM

JUDGEMENT

(1.) THIS is a defendants' revision under Section 115 CPC against the judgment and order dated 24-8-1974, passed by the learned I Additional District Judge, Allahabad.

(2.) FIVE persons, namely, Raja Ram, Masuriyadin, Gajadhar Prasad, Ram Lal and Bahadur Lal, who are plaintiff-opposite parties, filed a suit after obtaining permission of the Advocate General, Uttar Pradesh, under Section 92 CPC against the defendant-revisionists nos. 1 to 5 alleging that they are the trustees but they are not managing the property properly and are liable to be removed. It was prayed that after removing these five trustees, new trustees may be appointed.

(3.) THE defendants nos. 1 to 5 moved an application (73-C) for dismissal of the suit on the aforesaid grounds. THE defendants nos. 6 and 7 also moved a similar application, 74-C. THE learned Additional District Judge Allahabad disposed of these points as preliminary issues. He left the first point to be decided, lateron and negatived the second contention by holding that the suit was not bad for want of permission against the newly impleaded defendants. THE defendants have therefore, come up in revision.