Swami Shivshankargiri Chella Swami & Anr. vs. Satya Gyan Niketan & Anr. – (SC)

Code of Civil Procedure, 1908–Sec. 92–Application for permission to file the suit u/s. 92–Allowed–Revision against–Order was quashed and set aside by High Court–Justification–Property was waqfed/gifted for a lawful purpose–Express condition in deed dated 30.11.1940 that the respondent no. 2 will not mortgage or sale the property and same will be used for development and publicity of the hindi language–View of Sessions Judge that the object of dedication of the property shall decide the nature of it being considered a trust–High Court was required to examine as to whether the plaint was so annexed with the application u/s. 92 or not–Allegations levelled by plaintiff could be determined only by way of evidence–Held, appellants are granted the liberty to file appropriate application within thirty days.