- (1.) A registered trust with the name of Major Gian Singh Charitable Education Trust, Dakha, District Ludhiana with two others, had filed a suit for declaration that ex-parte judgment and decree dated 12.12.2007 was obtained by fraud and concealment of facts as also by setting up of a false and invalid Will etc. and thus they had sought setting aside of the same.
(2.) In the said suit S. Manjit Singh, General Secretary of the Trust is plaintiff No.3. During pendency of the suit, said Manjit Singh, General Secretary had died and the Trust had elected Dr. Harbans Singh in his place as General Secretary of the Trust. Consequently, vide an application made under Order I Rule 10 CPC, substitution of Dr. Harbans Singh in place of Manjit Singh was made which plea was accepted by the court below vide the impugned order.
(3.) Non-applicant Rajinder Singh Dhillon, who is defendant No.1 in the suit, has filed this petition challenging the said order and substitution of Dr. Harbans Singh in place of Manjit Singh, General Secretary (since deceased) who died on 7.1.2012.;