KAVITA KHANDARI Vs. ANIL KUMAR KAKKAR AND ORS.

JUDGEMENT

(1.) Impugned in the present revision is the order dated 5.1.2015 (Annexure -P -9), passed by the learned Additional District Judge, Kurukshetra, vide which the application for revocation of the permission granted under Sec. 92 of Code of Civil Procedure, 1908 (CPC), moved by defendant No. 3/present revisionist, was dismissed. I have heard the learned counsel for the revisionist and have also carefully gone through the file.

(2.) Briefly stated, a suit was instituted on 19.5.2011. Alongwith the plaint, an application was moved under Sec. 92(1) of CPC for grant of leave to file the suit. The leave was granted on the same day and the notice of the suit was issued to the defendants. The present revisionist was initially proceeded against ex -parte and now the ex -parte proceedings have been set aside.

(3.) Her prayer is that permission granted under Sec. 92 of CPC should be revoked. It is contended that the Trust is not for charitable purpose. It is a private Trust and that this matter is required to be determined first.