RAM PARKASH Vs. DAYAL CHAND

JUDGEMENT

(1.) THE challenge in Revision here is to the permission granted to the respondents Dayal Chand and others under S. 92 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for the institution of a suit for declaration relating to the alleged misuse of authority by the petitioners Dr. Ram Parkash as Trustee oft the Trust known as 'dharamshala Baba Sunder Dass, Pull Telian, Hissar'.

(2.) A reading of the provisions of S. 92 of the Code would show that two of the essential requirements thereof are one that the person applying for permission to institute the suit must have an interest in the Trust and second, that the Trust must be for a public purpose of a charitable or religious nature.

(3.) THERE was mention in the body of the application, filed by the respondents, of the Trust here being of the nature specified in S. 92 of the Code. It was only in the heading thereof that it was described as a public Trust, but that too without there being any indication of the nature thereof.