MAHANT SITA RAM DAS Vs. RAM CHANDRA ARORA

JUDGEMENT

(1.) THIS revision has been filed against the order of the District Judge, Saharanpur dated 30-5-1987 allowing the application of the plaintiff to sue under section 92, CPC.

(2.) LEARNED counsel for the applicants has urged that the permission granted by the District Judge is without jurisdiction as no notice to the applicant had been issued and such an action of the District Judge is against all the principles of natural justice. It has also been urged that the permission has been granted by a non-speaking order and hence the order is without jurisdiction.

(3.) A bare perusal of the order passed by the District Judge in the present case shows that he had perused the documents filed and had come to the conclusion that the plaintiffs had made out a prima facie case under section 92 CPC. The permission thus granted by the District Judge can not be said to be suffering from any error of jurisdiction requiring interference by this court in exercise of its powers under section 115 CPC. The revision is accordingly dismissed in limine. Revision dismissed.