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Valia Koonambaikulam Sree Bhadrakali Temple, Kollam (Parties) P

1. Judgment 
Kerala High Court

Hon'ble Judge(s) Hon'ble Judge(s): A. Muhamed Mustaque , J

AIR Law Lines - Point Extract

(A)
Civil & Constitution
Civil Procedure Code
Public Charities
Suit Against Public Trust - Maintainability
— Leave petition was filed along with plaint. Allegations in leave petition were only considered, without considering plaint. Order was vitiated. Court should consider allegation in plaint along with documents to satisfy prima facie case made to grant leave.


2. Judgment 
Kerala High Court

Hon'ble Judge(s) Hon'ble Judge(s): A. Muhamed Mustaque , J

AIR Law Lines - Point Extract

(A)
Civil & Constitution
Civil Procedure Code
Public Charities
Suit Against Public Trust - Maintainability
— Leave petition was filed along with plaint. Allegations in leave petition were only considered, without considering plaint. Order was vitiated. Court should consider allegation in plaint along with documents to satisfy prima facie case made to grant leave.




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