B.S.DHILLON,J. - (1.) A notification under the provisions of Section 7 (1) of the Sikh Gurdwaras Act, 1925, (as amended by Act No. 1 of 1959, hereinafter referred to as the Act) was issued on 11th August 1961, concerning Gurdwara Sahib Dharamsala Baba Gursaran Dass, situate in the revenue estate of Nabha, Tehsil Nabha, District Patiala Mahant Amar Dass appellant submitted a petition which petition was termed by the State Government as composite petition under Sections 8 and 10 of the Act. It was averred in the petition that the property attached to the institution which was notified under Section 7 of the Act, was the personal property of the objector. He sought to substantiate his claim to this effect by placing reliance on the decision of a Civil Court dated 19th June, 1961, order dated 22nd December, 1955 of the Advocate General, Pepsu, refusing permission under Section 92 of the Code of Civil Procedure and a decision of the Pepsu High Court dated 5th December, 1952, reported in Amar Dass v. Government of Patiala and East Punjab States Union, AIR 1953 Pepsu 58. He further claimed that the institution in question was not a Sikh Gurdwara but was a private property of the objector who belongs to Udasi sect which sect has nothing to do with the Sikhs. This petition was forwarded by the State Government, to the Sikh Gurdwaras Tribunal, Punjab, Chandigarh, (hereinafter referred to as the Tribunal) in pursuance of the provisions of Section 14 (1) of the Act for disposal. Shiromani Gurdwara Parbadhak Committee (hereinafter referred to as the Committee) was impleaded as a respondent in view of the provisions of Section 15 of the Act. The Committee in the written statement denied the averments made in the petition and also raised a preliminary objection that the petition was incompetent as the petitioner was not a hereditary office--holder. On 17th December, 1963, the petitioner moved an application for permission to amend the petition so as to add the verification as required by law. This amendment was allowed and the first amended petition was filed on 11th March, 1964. Except adding the verification clause in the amended petition, all other averments as were contained in the original petition, were repeated in the amended petition. On the pleadings of the parties, the following of the parties, the following issue was framed on 6th April, 1964:- " 1. Whether the petition is maintainable? OPP. "
(2.) ON the adjourned date of hearing, which was fixed for evidence and arguments on the above mentioned issue, petitioner's counsel put in a second application for permission to amend the petition. On 28th July, 1964, this petition was dismissed as neither the petitioneer nor his counsel appeared on that date and the petition was adjourned to 7th September, 1964. On that date, the counsel for the petitioner submitted third application for amendment. This application was allowed on the payment of Rs. 50.00as cost. Consequently the amended petition was filed on 14th September, 1964. The Committee filed fresh written statement and on the pleading of the parties, the following issues were framed on 29th September, 1964:- " 1. Whether the petitioner has a locus standi to bring the petition as a hereditarv office holder? O. P. P. 2. Whether the institution in dispute is a Sikh Gurdwara? O. P. R. " The parties led evidence and when the case was being argued on 8th February, 1965, the Tribunal keeping in view the pleadings, reframed issue No. 1, in the following language:- " 1. Whether the petitioner has a locus standi to bring the petition?"
(3.) THIS issue, according to the Tribunal, was supposed to cover both the questions, i. e. , about the maintainability of the petition and the status of the petitioner as a hereditary office holder. The case was adjourned to 23rd February, 1965, for allowing the parties to adduce evidence, if any, and for arguments on the amended issue. On that date, 4th application for amendment of the petition, with a prayer for the deletion of certain clauses in the petition was made on behalf of the petitioner. This application was allowed by the Tribunal on the payment of Rs. 50.00as costs and the amended petition was filed before the Tribunal on 7th April, 1965. The Committee filed written statement to the amended petition and on the basis of the amended petition, following issues were framed on 27th April, 1965:- " 1. Whether the petition is maintainable? OPP. " 2. Whether the petitioner is hereditary office holder? OPP. " 3. Whether the institution in dispute is a Sikh Gurdwara? OPP. " ;