KRIPAL SINGH BAJWA Vs. TRUST MANAV KENDRA
HIGH COURT OF UTTARAKHAND
Kripal Singh Bajwa
Trust Manav Kendra
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HONBLE B.S.VERMA, J. -
(1.) THIS appeal is directed against the judgment and decree dated
29.3.1993, passed by the IV Additional District Judge, Dehradun, whereby the application (paper no. 11 -C) moved under Section 92 C.P.C. by the
applicant -plaintiffs (appellant nos. 1 to 3 herein) was rejected and in
consequence of rejection of the application, the application for
temporary injunction (paper no. 9 -C) and the application to amend the
suit (paper no. 40A) have been rejected. The suit has also been dismissed.
(2.) BRIEF facts giving rise to the present appeal are that on 2.4.1990, applicant -appellant nos. 1 to 3 herein Kirpal Singh Bajwa, Ram Chand and Master Harpinder Singh moved an application under Section 92
C.P.C. in the court of the District Judge, Dehradun, alleging therein
that there is a trust for public purposes of charitable activities and
religious nature situated at Village Bharuwala (Subhash Nagar) district
Dehradun consisting of approximately 100 Bighas of land and various
charitable buildings raised thereon including the worshipping places for
the use and benefit of the general public at large and the said trust is
known as 'Manav Kendra, which is being managed by a chairman and a
managing committee i.e. defendant no. 2 to 30. In paragraph no.2 of the
application, the applicants have claimed themselves to be followers of
the charitable mission of the alleged trust 'Manav Kendra having faith
and belief in the spiritual teachings of late Sant Kirpal Singh Ji
Maharaj, who had inaugurated the said trust. In paragraph no.3, the
applicants have alleged the breaches having been committed by the
defendant no.2 as contained herein. In paragraph no. 4 of the
application, it is mentioned that the details are given in the draft
plaint attached hereto as part of this application as well for a suit
under Section 92 C.P.C. In paragraph no. 5, the relief sought in the suit
have been enumerated in this application. In the application (paper no.
11 -C) it has been prayed that leave of the court under Section 92 C.P.C. may be granted to file the suit.
(3.) ON presentation of the said application, the Presiding Officer appears to have passed an on 2 -4 -1990 in his own hand to the following
"Leave to file the application u/s 92 CPC is granted. Ofice to
However, it appears that on the back of the draft plaint, the Munsarim of the Court on 2.4.1990 itself has endorsed his report on the
point of limitation, jurisdiction of the court and sufficiency of court
fee. The record was put up before the District Judge Dehradun on 4.4.1990.;
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