PURANMAL FATTECHAND AGARWAL Vs. JAGANNATH HANSRAJ AGARWAL

JUDGEMENT

(1.) THE appeal is against an order of the 1st Additional District Judge, Amraoti, in a suit under Section 92, Civil P.C. The suit was dismissed on a preliminary point, The only question in appeal is whether a valid sanction to the institution of the suit as required by Sections 92 and 93, Civil P.C. was obtained.

(2.) PLAINTIFF 1 and three others applied to the Collector, Amraoti, for sanction under Section 92. The Collector rejected their application and refused his consent. The papers were not laid before the Provincial Government.

(3.) UNDER Section 92, Civil P.C. no suit can be instituted under that section unless the consent in writing of the Advocate General to the institution of the suit has been obtained. In his case, no question of any previous sanction by the Provincial Government arises. He is invested with the power to act in his own right by virtue of the statute. His powers are statutory and are derived directly from the Code. They cannot, in our opinion, be fettered by rules in the Legal Department Manual or by other orders of the Provincial Government.