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february 1967

Supreme Court of India · 1967-02-06

BISHWANATH AND ANR. vs SHRI THAKUR RADHABALLABHJI & ORS.

Citation / case number
SC 1964/90558
Court
Supreme Court of India
Petitioner
BISHWANATH AND ANR.
Respondent
SHRI THAKUR RADHABALLABHJI & ORS.
Author
K. SUBBA () RAO
Bench
K. SUBBA (CJ) RAO

Judgment text excerpt

The Supreme Court held that a suit filed by a worshipper on behalf of an idol for the recovery of property is maintainable and not barred by Section 92 of the Code of Civil Procedure, as it seeks to enforce the idol's private rights rather than the reliefs specified in that section. The Court recognized that when a Shebait neglects their duties, a worshipper can represent the idol to protect its interests. The High Court's decision to uphold the trial court's decree in favor of the worshipper was affirmed.

BISHWANATH AND ANR. vs SHRI THAKUR RADHABALLABHJI & ORS. · Niyam