GANGAGIR CHELA Vs. RASAL SINGH

JUDGEMENT

(1.) THE short question which has to be answered by the Full Bench is whether the court of the Additional District Judge, Sangrur, was not competent to try and dispose of a suit under S. 92 of the Civil P. C.

(2.) THERE is no dispute on the facts of the case out of which the above point has arisen. In 1955 a suit was filed under S. 921 for removal of the defendant from the management of the property of Dera Baba Ram Chander Gir in village Kirsola, tehsil Jind, for rendition of accounts etc. , and for appointment of a new Manager. The plaint was presented on 2nd December, 1955 in the Court of the District judge. On 6th December, 1955 it was ordered that the case should be put up before the District Judge on 8th December, 1955. Some objection was raised with regard to court-fee on 8th December, 1955. After the written statement had been filed, it seems that the case was transferred to the Court of Additional District judge and issues were framed on 4th April, 1956. Issue No. 5 was to the following effect:

(3.) NOW, S. 92 of the Civil P. C. , provides-