- (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.
The suit wag brought by the plaintiffs (respondents) after obtaining the sanction of the Deputy Commissioner, Jubbulpore, on a 9-1938 (case No. 4/9 of. 1937-38 XXXIII-VII). The claim of the plaintiffs was decreed.

(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:
The effect of this decision is that the Collector or other officer appointed must in every case obtain the sanction of the Local Government before instituting a suit or giving his consent to the institution of a suit. The previous practice of Local Governments had been to give previous sanction generally and not in respect of each particular case and, therefore, the Public Suits Validation Act, 1932 (11 [XI] of 1932) was passed to validate pending suits filed under the previous practice. The Act also provides for the restoration of suits and appeals dismissed after 30-11-1931 (the date of the Privy Council decision) for want of sanction of the Local Government, on application made within six months of the commencement of the Act, i.e. 8-4-1932. In the case of suits already filed under the previous practice, it is not necessary to obtain the sanction of the Local Government.