Civil Procedure Code, 1908, Section 92, 151, 11 -- Leave u/s 92 CPC - Dismissal of application for revocation by High Court - Defendants are estopped under law to agitate same matter again before District Judge after being defeated on contest from High Court...........
Civil Procedure Code, 1908, Section 92 -- Public trust - When an application is filed u/s 92 CPC, Court needs only to go into a prima facie satisfaction that there arises intervention of Court to public trust...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - To grant leave u/s 92 CPC, allegations in the plaint are only to be looked into by Court - If Court enters into a satisfaction that a prima facie case has been made out, then leave has to be granted for proceeding with the suit...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave even without notice to opposite party - But it is desirable to give notice and hear other party and give them an opportunity to controvert allegations before leave is granted...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Leave granted by Court u/s 92 CPC is only a preliminary stage and is not conclusive, and at any time, opposite party can move Court to revoke leave granted or dismiss suit after adducing evidence - Initial grant of leave will not affect final decision on merits if parties are to adduce..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - In a suit filed u/s 92 CPC, plaintiff could not be said the dominus litis - It would be Court which would examine as to whether parties were to be added or not...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Civil Judge is not the Principal Civil Court of original jurisdiction and has no jurisdiction to entertain a suit u/s 92 CPC or S.2 of Religious Endowments Act, as Principle Civil Court of original jurisdiction...........
Civil Procedure Code, 1908, Section 92, Religious Endowments Act, 1863, Section 2 -- Suit u/s 92 CPC and S.2 of 1983 Act in the State of UP Can only be filed in the Court of Principal Civil Court of original jurisdiction i.e the Court of District Judge and not in any other Court - District Judge can decide the suit himself or he may transfer it to an Additional District..........
Civil Procedure Code, 1908, Section 92, Order 26, Rule 9 -- Suit u/s 92 CPC - Defendant seeking issuance of Commission before grant of leave u/s 92 CPC - It is not permissible to pass interlocutory orders in a suit u/s 92 CPC before leave to file suit is granted...........
