M.M. Kumar, J. - (1.) This petition filed under Sec. 115 of the Code of Civil Procedure, 1908, challenges order dated 24.9.1993 passed by the Additional Senior Sub Judge, Tarn Taran, allowing an application of the applicant - respondents to become party defendants in Civil Suit No. 230 of 1993 instituted on 7.5.1993 by the plaintiff -petitioner. It is appropriate to mention that the plaintiff -petitioner has filed a suit for declaration to the effect that the Gurdawara Sahib in question is controlled and managed by the plaintiff -petitioner i.e. Gram Panchayat Fatehabad and that the defendant -respondents Shiromani Gurdawara Parbandik Committee 'SGPC' (for brevity) has no interest, control or title over the Gurdawara Sahib. A prayer in the suit has also been made for restraining the defendant - respondents SGPC from interfering in the management of Gurdawara which is claimed to be in the hands of Gram Panchayat plaintiff -petitioner.
(2.) During the pendency of the suit an application under Order 1 Rule 10 CPC was filed by Sarv Shri Madan Mohan, Gurcharan Singh, Ralia Singh, Bharpur Singh and Sukhdev Singh, applicant -respondents No. 2 to 6 with the allegation that the Gurdawara Sahib in question has been duly notified by the State of Punjab and the applicant -respondents have been recognised as members of the committee in that notification. A photo copy of the notification has been produced on the record which shows that the applicants were duly elected as per meeting convened on 24.3.1993. It is further claimed that the Gurdawara is in physical and actual possession of the managing committee and the plaintiff -respondents have no concern with the management of the Gurdawara and its property.
(3.) The learned Additional Senior Sub Judge vide his impugned order has allowed the application by holding that the applicant -respondents No. 2 to 6 were necessary parties and deserved to be impleaded as party defendants. The view of the learned Additional Senior Sub Judge is discernible from the concluding para of his order which reads thus: I have gone through the above cited authorities and in all the authorities it was held that court has discretion to allow application under Order 1 Rule 10 CPC but the discretion is to be exercised Judicially, Plaintiff can not be compelled to fight against the person against whom no relief is claimed because plaintiff is the master of his suit. Plaintiff being the dominus Litis. Application under Order 1 Rule 10 CPC should not be allowed normally. Counsel for the opposite party argued that the applicants have a prima facie case because Gurdawar Dharamshala Talab Wali is a Sikh Gurdwara and the applicants being the duly nominated members are controlling managing the property of Gurdwara. When the property is of the Gurdwara and the Gurdwara is a Sikh Gurdwara as per notification of the Government. Applicants being the nominated members of the committee have the right to control/manage the affairs of the Gurdwara. In the absence of the nominated members Gram Panchayat has no right to claim that the Gram Panchayat is owner of the property and is controlling the same. No Jamabandi or Kharsa Girdwari on the file to show that the Gram Panchayat is the owner of the property. Property is of the Gurdwara and there are two parties. Gram Panchayat pleaded that the property is owned controlled and managed by the Gram Panchayat. Plea of the second party is that disputed Gurdwara is a Sikh Gurdwara and there is a notification of the Government members nominated by the Government are controlling the Gurdwara property. So circumstances of the case shows that presence of the applicants is necessary to decide the real controversy between the parties because the applicants would be effected by the judgment if passed in favour of the Gram Panchayat. Whereas the Gram Panchayat is not to suffer if applicants are impleaded as the defendants. Both the parties are to be given full opportunity to plead/prove their respective contention. In view of all discussed above application is accepted. Applicants are impleaded as the defendants.;