LAWS(PVC)-1930-2-30

BHAGVANPURI Vs. SECRETARY OF STATE FOR INDIA

Decided On February 14, 1930
BHAGVANPURI Appellant
V/S
SECRETARY OF STATE FOR INDIA Respondents

JUDGEMENT

(1.) [The judgment after dealing with the facts of the case proceeded.] Both the Courts in India have held that the said land was not so granted. There is no necessity to enquire into the history relating to the land in suit prior to 1854, for it was agreed at the hearing of the appeal that the abovementioned main question depends upon the construction of the said sanad of January, 10, 1854...

(2.) A further point was taken by the learned Counsel for the appellant. It is of a technical nature and has no relation to the merits of the case. It was argued that the defendants were not the, proper parties to the suit and that no leave was asked for or obtained from the Court as required under Order I, Rule 8, of the Civil Procedure Code, 1908.

(3.) It appears that the defendants were elected managers by the akhara at the Kumbh in Hardwar in 1915, and on May 9, 1915, a power-of-attorney was given by them to four persons, of whom Hardayalgirji was one, to act as their general attorneys, and among other matters to file suits, to set up a defence and affix their signature to a written statement, and it was further provided that all. such proceedings taken by the said multtavs should be admitted and accepted as having been done by the defendants personally in the capacity of mahamts.