Ajay Kumar Banerji, J. - (1.) BY means of this application (A -28), the plaintiff Nos. 1 and 3 have sought some amendments in the plaint of the Original Suit No. 200 of 1983 under Order VI, Rule 17 of C.P.C. read with Order I, Rule 10 and Section 151 C.P.C. Shorn of unnecessary details the relevant facts so far as the present application is concerned are that the plaintiff Nos. 1 to 3, namely Uma Shanker, Basudev Singh and Bhagwan Dayal had instituted Original Suit No. 200 of 1983 against defendant No. 1 namely Sri P. Rajagopalachari and two others namely Kashiram and S.A. Samad (defendant Nos. 2 and 3) inter alia claiming the relief that the defendant No. 1 be restrained from acting as the President of Sri Ramchandra Mission or from declaring himself as President of the Mission or otherwise interfering in the affairs of the Mission. The suit filed in a representative capacity under Order 1, Rule 8, C.P.C. after taking the permission of the Court. The plaintiff No. 1 Uma Shanker and the plaintiff No. 2 Basu Dev Singh claimed to be working as preceptors in the Mission, while the third plaintiff Bhagwan Dayal professes to be an Abhayasi or a follower of the Mission. The plaint allegations in brief are that the President of the Mission Sri Ramchandraji Maharaj died on April 19, 1983. The defendant No. 1 taking advantage of some blank signed papers of Sri Ramchandraji (Master) during his illness in the year 1974 has set up a document purporting to be a nomination by the master in his favour and has started declaring himself as his successor. As the intention of the defendant No. 1 was to grab the properties of the Mission which would cause great loss to the Mission, the suit was filed against the defendant No. 1 P. Rajagopalachari, Sri Kashiram Agarwal the Joint Secretary and Sri S.A. Sarnad the Secretary of the Mission.
(2.) THE defendants have filed written statement and have inter alia pleaded that the defendant No. 1 had been validly authorised by the master himself by means of formal deed dated March 23, 1974 and in deference to the wishes of the master even the working committee of the Mission has by a resolution dated December 27, 1983 recognized him as the President of the Mission. The allegations of fraud, forgery or fabrication contained in the plaint against the defendant No. 1 was emphatically refuted by the defendants. The said suit had been transferred to this Court and has now reached the evidence stage. This application A -28 has been filed by only 2 of the plaintiffs, namely plaintiff Nos. 1 and 3 inter alia stating that the plaint be amended in effect as follows: 1. By adding Sri Ramchandra Mission, Diwan Jograj District Shahjahanpur through Sri Umesh Chandra Saxena as defendant No. 4 and Sri Umesh Chandra Saxena as defendant No. 5 in the array of defendants. 2. After paragraph No. 6 of the plaint, paragraph No. 6 -A may be added to this effect that the defendant No. 1 is neither the President of Ramchandra Mission nor the heir of Sri Ramchandra ji nor is he a successor in the normal line of succession and was only a Secretary of the Society. The only successor of the founder President in the direct line of succession was Umesh Chandra Saxena defendant No. 5 and he is only person who according to the regulations and bye laws of the Mission has succeeded Sri Ram Chandra ji as President. 3. That the founder President has no authority under the Regulations of the Mission to nominate his successor.
(3.) IN the relief clause of the plaint, relief 'B' be added that it be declared that the defendant No. 5 Umesh Chandra Saxena son of Ram Chandra ji alias Ram Chandra Ji Maharaj alias Babuji Maharaj is the successor of the President in the direct line of succession.;