LACHMANDAS GOBARDHANDAS Vs. NARAYANDAS AMRULAL

JUDGEMENT

(1.) THIS is a first appeal against the judgment and decree passed by Mr. W.S. Tak, Additional District Judge, Jubbulpore, in Civil Suit No. 6A of 1939, decided on 27-3-1941.

(2.) THIS was a suit under Section 92/93, Civil P.C., inter alia for the removal of the appellant from the trusteeship of a public temple Shri Jagan-nathji of mouza Kailwara Khurd, Section No. 312, Tahsil Murwara, district Jubbulpore.

(3.) THE case must fail on a preliminary point viz, that the previous sanction of the Provincial Government was not taken by the learned Deputy Commissioner as required by Section 93 of the Code. In Gulzarilal v. Collector of Etach their Lordships of the Privy Council held that the words "previous sanction of the Local Government" (now Provincial Government) meant that there must be a previous sanction by the Local Government in every suit. This means that a general sanction is not sufficient and previous sanction must be obtained for each case. Commenting on this decision Mulla in his Civil Procedure Code (Edn. 1941) p. 347 says: