- (1.) The order dated 9.1.2014 passed in S.B.Civil Writ Petition No.8920/2013 directing the respondent no.1 herein to be impleaded as a party in civil misc.application no.132A/2010 is under challenge in the instant appeal. We have heard Mr.S.P.Sharma, learned counsel for the appellant.
(2.) Facts in brief necessary for the disposal of the instant appeal are that the appellant-herein had filed an application under section 278 of the Indian Succession Act, 1925 (for short, hereinafter referred to as "the Act") which was registered as civil misc.application no.132A/2010 praying for grant of letter of administration to him vis-a-vis the property set out therein. Though a public notice of the said proceeding was thereafter published in the local dailies, none did enter appearance to record any objection to his claim. It was at that stage that the respondent no.1 herein (writ-petitioner) filed an application under Order 1 Rule 10 of the Code of Civil Procedure (for short, hereinafter referred to as "the Code") seeking impleadment. By the order dated 9.5.2013, the learned trial court having rejected the prayer for impleadment, the respondent no.1 invoked the writ jurisdiction of this Court. By the order impugned, the above direction has been issued.
(3.) The pleaded case of the appellant is that he in the capacity of the lone disciple of Swami Shri Ramanandji Maharaj caste Jatiya, who had established a hermitage in the name of Jigyasu Ashram (for short, hereinafter referred to as "Ashram") at Pipar City District Jodhpur, on his demise, succeeded to his properties. According to him, subsequent thereto, he managed the affairs of the Ashram and performed all religious and charitable functions of the Jatiya Samaj. As in the course of his duties, he faced various problems, he submitted an application on 23.1.2009 to the SDO, Pipar City for issuance of Chela-Pramanpatra (Disciple Certificate) of Swami Shri Ramanandji Maharaj, which was granted in his favour by the Municipal Board, Pipar City. It was thereafter, for better administration of the property of the Ashram that he filed the application under section 278 of the Act.;