The trial companyrt held that the suit was maintainable.
767 of Appeal by special leave from the judgment and order dated August 14, 1961 of the Rajasthan High Court in D.P. Civil Misc.
On March 6, 1956, Narain.
Lal Mool Chand and Kesari Chand instituted a suit against the respondents under S. 92 of the Code of Civil Procedure, claiming a declaration that the temple of Shri Mahabirji at Naurangabad and the appertaining properties were a public charitable trust for the benefit of the Shwetambar Sangh of the Jain companymunity or of the Jain companymunity as a whole and for other reliefs.
Gopi Nath Kunzru, W.S. Barlingay and Ganpat Rai, for the appellant.
On March 9, 1958, Kesari Chand died.
CIVIL APPELLATE JURISDICTION 1964.
The present appeal has been tiled from the order of the High Court by special leave.
Civil Appeal No.
128 of 1960.
The trial companyrt raised and tried the following preliminary issue Whether the suit is number maintainable on the strength of the permission obtained by the plaintiffs along with Mangi Lai who died prior to the institution of the suit ?
3, 4, 5, 7, 12, 13, 15 18, 21, 23 and 24.
B Agarwala, K.K. Jain, H.K. Puri and Uma Mehta, for respondents Nos.
The Judgment of the Court was delivered by Bachawat, J. On September 10, 1955, Narain Lal, Mool Chand, Mangilal and Kesharichand obtained the companysent in writing of the Advocate General, Rajasthan to institute a suit against the respondents under S. 92 of the Code of Civil Procedure.
The companysent was in these terms For the reasons detailed above I grant permission to the applicants Sarvashri 1 Narainlal, 2 Mool Chand, 3 Mangilal and Seth Kesharichand for filing suit against the opposite parties Shri Malilal Kasliwal and 27 other members and office holders of the executive companymittee Jain Atishaya Kshetra Shri Mahabir Swami Temple Chandangaon, for the reliefs detailed in para 28 sub paras I to 5 and 7 of the draft plaint filed by them before me.
Shortly thereafter Mangi Lal died.
Application No.
