MAHANT HARDIAL SINGH Vs. MAHANT GURNAM SINGH ETC

JUDGEMENT

(1.) THIS order will dispose of Civil Misc. No. 1762/cl of 1991 dated 14-8-1991 filed by Jarnail Singh claiming to be Chela of Mahant Hardial Singh and Civil Misc. No. 2444/c-l of 1991 dated 8. 8. 1991 made by Mahant Mohan Singh.

(2.) THE facts giving rise to these Misc. petitions are that one Mahant Gurnam Singh and two others instituted a suit under Section 92 of the Code of Civil Procedure against Mahant Hardial Singh and others, in which he claimed three reliefs, namely, (i) for removal of Mahant Hardial Singh defendant from the office of Mahant of Dera Thakran, Amritsar, (ii) for appointment of Mahant Gurnam Singh plaintiff as the Mahant of that Dera, and (iii) to hand over property of the Dera and render accounts. The suit of the plaintiff was partly decreed. The decree was for removal of Mahant Hardial Singh from the office of Mahant. The plaintiff was, however, not found suitable for appointment as Mahant A direction was given to Nirmal Bhek the body which is responsible for electing a suitable person to the office of Mahantship to elect the next Mahant. Against the judgment and decree of the trial Court, Hardial Singh defendant No. 1 instituted R. F. A. No. 1096 of 19-9, which is pending in this Court. During the pendency of the RFA, Mahant Hardial Singh appellant died on August 1, 1991. S. Mahant Gurnam Singh respondent in the appeal also died on July, 13, 1990. Mahant Mohan Singh set up a Will and claimed to be substituted for Mahant Gurnam Singh. The application was contested and it has been sent to the Senior Subordinate Judge Amritsar for a report under the proviso to Rule 5 of Order 22 of the Code of Civil Procedure. Civil Misc. No. 2444-CI of 1991 has been moved by the said Mahant Mohan Singh for dismissing the appeal as having abated The application is resisted by Jarnail Singh claiming to have succeeded Mahant Hardial Singh deceased appellant. Jarnail Singh has moved Givil Misc. No. 1762-CI of 1991. He has also set up a Will dated April 3, 1978, alleged to have been executed by Mahant Hardial Singh in his favour. He has further stated that in compliance with the order of the Additional District Judge, Amritsar, Mahant Jarnail Singh had been elected as successor of Mahant Hardial Singh by Nirmal Maha Mandal (Registered) Amritsar vide resolution dated August 10, 1991 Annexure P-l, with CM No. 1762-CI of 1991. The application has been resisted by Mahant Mohan Singh claiming to be successor of Mahant Gurnam Singh deceased.

(3.) THE contention of Mr. R. S. Mittal, Senior Advocate, learned counsel for Mahant Jarnail Singh, is that this was a case of devolution of interest during the pendency of the appeal and the relevant provision which is applicable is Order 22 Rule 10 of the Code of Civil Procedure. He further contended that even though the office of Mahantshiri was held by the individual Mahant Hardial Singh the right to sue survived, in that one of the prayers made against Maham Hardial Singh was that he should render accounts with regard to the property and income of the Dera of which he remained Mahant