DEVALUR PITCHAYYA Vs. DIVI VENKATAKRISHNAMACHARLU

JUDGEMENT

(1.) This appeal arises out of a suit filed under Section 92 of the Civil Procedure Code by two plaintiffs who obtained the sanction of the Collector. The Collector's sanction which is filed as Ex. A in the case runs as follows: Permission under Section 92, Civil Procedure Code, is granted to the three persons named below to bring a scheme suit in respect of the affairs of the temple of Sree Varadarajaswami Varu of Pedapulivarru Village, Repalle Taluk, which are reported to be mismanaged by the present trustees (1) Kavata Venkatasubramaniam, (2) Davuluri Pichayya, and (3) Kosaraju Reddayya. Time, six months.

(2.) The Tahsildar, Repalle, will please report the result at the end of the period. 2. This sanction was obtained without notice to the defendants but this makes no difference as regards the validity of the sanction. Having got the sanction, two out of the three persons, namely, Pichayya and Reddayya, filed the suit. Though the sanction was only given to bring a scheme suit, the prayers in the plaint were (1) for a scheme to be framed for a general management of the temple, (2) for the removal of defendants 1 to 10, (3) for the appointment of new trustees, (4) for an order vesting the temple properties in the trustees appointed by the Court, and (5) for the appointment of a Receiver and other reliefs.

(3.) Obviously, except the first prayer, all the other prayers are outside the scope of the sanction. No relief could have been granted with reference to them. See Sreenivasa V/s. Venkata (1887) I.L.R. 11 M. 148.