KAILASH CHANDRA AND OTHERS Vs. ADDL. DIST. JUDGE AND OTHERS
LAWS(ALL)-1965-12-29
HIGH COURT OF ALLAHABAD
Decided on December 01,1965

KAILASH CHANDRA Appellant
VERSUS
ADDL. DIST. JUDGE Respondents


Cited Judgements :-

ELIAS VS. ELIAS [LAWS(KER)-1985-12-34] [REFERRED TO]


JUDGEMENT

- (1.)THIS is a petition under Art. 226 of the Constitution. The facts of the case, in brief, are that the District Judge of Moradabad formed a scheme of trust for the temple of Sri Purshottam Bhagwan in 1936 under S. 92 of the Code of Civil Procedure. In April 1959 opposite parties Nos. 2 to 4 filed an application in the court of the District Judge, Moradabad and prayed that such of the trustees as do not take any interest in the trust and do not attend meetings of the board of trustees for a long time should be removed and new trustees be appointed in their places, that the number of trustees should be increased from 5 to 7 etc. Certain allegations were made in the application against the petitioners.
(2.)THE petitioners filed their objections and pleaded that the application was not maintainable as the previous sanction of the Advocate General under S. 92 of the Code of Civil Procedure had not been obtained.
The Additional District Judge, Moradabad rejected the objections of the petitioners and held that the scheme of the trust could be amended by an application under S. 151 of the Code of Civil Procedure and the question of the removal of the present trustees could be taken up only after the scheme had been amended and this could be either done in the present proceedings or later on.

(3.)THE petitioners, by means of this petition, are challenging the order of the Additional District Judge and have prayed that the same be quashed.
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