UDAY CHANDRA CHOUDHRY Vs. RAMDEO BHAGAT

JUDGEMENT

(1.) This revision application is directed against the order dated 26-4-95, whereby and whereunder the learned Subordinate Judge, Khagaria, rejected the prayer of the defendant petitioner to reject the plaint of the plaintiff-opposite party on the ground that the present suit, which has been filed under Section 92 of the Civil Procedure Code is not maintainable

(2.) It is contended by the learned Counsel for the petitioner that the present suit was filed under Section 92 of the Civil Procedure Code (hereinafter referred to as the Code) for the relief relating to religious trust, which is covered by Special Act namely, the Bihar Hindu Religious Trust Act, 1950 and under sub-section (5) of Section 4 of the Religious Endowment Act, 1863 the application of the provisions contained in Section 92 of the Code has been excluded with respect to any religious tiust in this State As such, according to him, the suit under Section 92 of the Code is not maintainable

(3.) Mr Singh, learned Counsel for the plaintiff-opposite parly No. 2 submitted that there is no substance in the submission of the learned Counsel for the petitioner According to him, the power to consider the dispute raised in the suit is vested in the District Judge under Section 49 of the Special Act it self It may be true that the suit filed under Section 92 may not be main tamable, but since the power to decide the dispute involved in the suit on an application filed by any person interested in a religious trust is there under Section 48 the petitioner is not entitled to get any relief in the civil revision from this court