BHARAT JI MAHARAJ VIRAJMAN MANDIR SHRI BHARATJI MAHARAJ AND ASHOK PRAPANNA SHARMA, MAHANT OF MANDIR SRI BHARAT JI MAHARAJ Vs. GYAN KISHORE S/O LATE SRI BAL KRISHNA RATURI AND SRI SHISH RAM KANSWAL S/O LATE SRI HARI RAM KANSWAL
LAWS(UTN)-2007-5-49
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
Decided on May 22,2007

Bharat Ji Maharaj Virajman Mandir Shri Bharatji Maharaj And Ashok Prapanna Sharma, Mahant Of Mandir Sri Bharat Ji Maharaj Appellant
VERSUS
Gyan Kishore S/O Late Sri Bal Krishna Raturi And Sri Shish Ram Kanswal S/O Late Sri Hari Ram Kanswal Respondents

JUDGEMENT

Rajesh Tandon, J. - (1.)HEARD Shri Alok Singh, Sr. Advocate assisted by Shri D. Barthwal, counsel for the revisionists and Shri J.P. Joshi, counsel for the respondents.
(2.)BY the present revision filed under Section 115 of Code of Civil procedure, the applicant has prayed for setting aside the order dated 22.11.2006 by which the permission has been granted to institute the suit under Section 92 of Code of Civil Procedure, 1908.
Briefly stated, counsel for applicant has submitted that the provisions of Section 92 of Code of Civil Procedure are applicable only when the trust is for the public and charitable purpose before application for leave is filed.

(3.)THE only argument of the counsel for the revisionist is that by the impugned order no reason has been given with regard to the applicability of the provisions under Section 92 of the Code of Civil Procedure. The application has been allowed without recording the finding as to whether it is a public trust or not.
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