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2014 DIGILAW 373 (UTT)

Tilak Raj Gupta v. Jagdish Prasad Shukla

2014-09-12

SERVESH KUMAR GUPTA

body2014
Judgment Servesh Kumar Gupta, J. The challenge herein is to the order dated 13.8.2014 rendered by the District Judge, Haridwar rejecting the application of revisionists/defendants whereby the permission was granted to the plaintiffs/respondents to institute and fight the suit under Section 92 of the Civil Procedure Code. There appears to be a Vadik Mohan Ashram Trust and the plaintiffs/respondents claiming themselves to be interested persons moved a miscellaneous application no. 31/1998 seeking permission under Section 92 of the Civil Procedure Code and the same was granted without hearing the defendants/revisionists on dated 14.9.1998 with the result the Original Suit No. 4/1998 was registered and then notices were sent to the revisionists/defendants. They turned up soon and moved an application to revoke the permission so granted. Their application dated 27.10.1998 could be adjudicated by the learned District Judge after as many as almost 16 years by the impugned order. Within this long span, it is reported that out of 31 defendants, who were the senior citizens, 19 have gone from this mortal world and only 12 now have been left alive. On the other hand, only Jagdish Shukla, original plaintiff no. 6, has been left in the fray while rest of the plaintiffs, for one reason or the other, have withdrawn themselves from the plaint and as per the legal position under Section 92 of the Civil Procedure Code, such suit cannot be proceeded by less than two persons. The Court does not want to discuss the entire law instantly and neither wants to make the stay on the ongoing suit without issuing the notice to the respondents and rendering due hearing to them. Issue notice to all the respondents/opposite parties. Steps within three days. List soon after service of the notice. There is no necessity to call the lower court record until and unless the Court feels so by rendering some hearing to the opposite parties.