PRITHIPAL SINGH Vs. MAGH SINGH

JUDGEMENT

(1.) The respondents along with the plaintiff moved an application in compliance with the requirement of S. 92 Civil P. C. seeking the requisite permission for filing the suit for the removal of Prithipal Singh petitioner herein from the Managership of the Dharamshala Kohala Tahsil Zira, and for restraining him from alienating in any way the land attached to it measuring 113 Kanals 13 Marlas and bearing Khasra numbers mentioned in the plaint.

(2.) Petitioner-defendant filed the written statement to the plaint on 6th Dec, 1980. The case was adjourned to 13th Dec., 1980 for framing of issues and for the reply of the petitioner-defendant to the application for grant of leave to the filing of the suit. On 13th Dec. 1980, reply to the said application was filed. The stand taken by the petitioner-defendant in the reply to the application was that the Court could grant any permission regarding the filing of the suit under S. 92 Civil P. C., mandatory provision of the said section had been violated by the plaintiffs, as they did not obtain the requisite permission of the Advocate General before filing the suit. An objection to the jurisdiction was also taken. This led to the framing of the following two preliminary issues as under :-

(3.) Both the issues were decided against the petitioner defendant and preliminary objections were thus overruled.