VENKATESH MANDIR TRUST Vs. JANKI PRASAD CHOUDHA

JUDGEMENT

(1.) This is a revision by the defendants arising out of the suit under S.92 of the Code of Civil Procedure (in short 'the Code'), in relation to the public trust known as Vaikunth Mandap Shri Venktesh Mandir Trust of Ayodhya (Faizabad) U.P. The defendants raised objection to the jurisdiction of the trial Court at Murwara (Katni) to entertain the present suit under S.92 of the Code and the said objection has been overruled by the Court by order dated 21-1-1988 impugned in the present revision.

(2.) The revision raises important and intricate question of interpretation of the provisions of S.92 of the Code, in relation to the jurisdiction of the Civil Court to entertain suits in respect of management of public charities or trusts and for grant of reliefs specified in the said section. The counsel appearing for both the sides have cited a few rulings in support of their contentions which I shall refer to in my order in the following paragraphs, but the decisions contained therein do not appear to fully deal with the question arising for decision in this revision.

(3.) Section 92(1) of the Code reads as under:-