declaration suit..!!

Querist : Anonymous (Querist) 23 December 2010 This query is : Resolved
Plaintiff has filed a suit for declaring himself as a trustee of temple trust in the Civil Judge Junior Division court. I'am on behalf of the defendant...My question is can such type of suits of declaring persons as trustee can be instituted is Civil Judge Junior Divison??? What is the proper remedy and where is the suit to be instituted?? do we have case laws on the very purpose?? if yes.. my only request is that i want those case laws...

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Pritam Saini, Advocate (Expert) 23 December 2010
civil judge have no jurisdiction. As section 92 of cpc in such like matter only principal civil court have jurisdiction i. e. District Judge and that kind of suit could be entertain after obtained permission to file the suit

Kirti Kar Tripathi (Expert) 23 December 2010
Agree with Pritam

s.subramanian (Expert) 24 December 2010
Mr. Pritam is perfectly right.

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