Decided on September 13,2012

Kripal Singh Bajwa Appellant
Trust Manav Kendra Respondents


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 effect: - "Leave to file the application u/s 92 CPC is granted. Ofice to report." 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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