Law: Civil Procedure Code (V of 1908)

Section: 92,92(i)(a)(h)

Civil Procedure Code, 1908 (V of 1908)-- ----S. 92--Suit property was waqf property--Scheme of management of waqf property was laid down by waqif--Non-obtaining of permission for filing of suit from AG--Preference and regard--Question of, whether permission from AG was required to petitioner to file suit in hand and whether property was not waqf property--Waqif in his waqf Nama laid down scheme of management of property and also manner of replacement and substitution of its committee members--Imam Bargah was made waqf for purpose of Imam Bargah and other religious obligations for Shia community, and waqf deed was duly registered did not dispute said property, and he admitted that property is factually waqf property had not been detained any permission from AG prior to filing of suit and it was incumbent upon petitioner before filing of suit to obtain permission from AG as such, suit of petitioner was not maintainable on this sole ground--Additional District Judge, has rightly; interfered with passed by Civil Judge-- Petitioner has failed to point out any illegality or material irregularity in passed by appellate Court, warranting interference by High Court in exercise of revisional jurisdiction--Revision petition dismissed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 92--Object of--Protection of public trust--Object of Section 92, CPC is to protect a public trust of a charitable and religious nature from being subjected to harassment by suits filed against them.  Civil Procedure Code, 1908 (V of 1908)-- ----S. 92(i)(a) to (h)--Scope of--Where Court holds on basis of evidence that property in question is waqf property, and relief sought by petitioner falls within scope of clauses (a) to (h) of sub-section (i) of Section 92, CPC, suit can be dismissed on sole ground; that consent under CPC had not been obtained prior to filing of suit. Preference and regard-- ----Preference and regard are always given to findings of appellate Court, if those are not suffering from any legal infirmity. 2013 SCMR 1300 ref. 2010 SCMR 827. JUDGMENT This Civil Revision Petition No. 212 of 2016 arises out of judgment and decree dated 26.3.2016 (hereinafter “the impugned…

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