H. K. ANAND Vs. S. GURCHARAN SINGH BHASIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against an order dated 16.08.2018, whereby the Trial Court has allowed an application filed by the plaintiff in a pending suit (respondent no.1 herein) for amendment of the plaint and impleadment of the petitioner herein as a defendant in the suit.

(2.) The suit (Civil Suit No. 11634/2016 in the Court of the learned Additional District Judge, Central Delhi) was filed in October, 2004. The plaintiff had impleaded ten defendants including M/s S.S. Mota Singh (Nila) Charitable Trust (through S. Jaswant Singh Jas, General Secretary) as defendant no. 1 (hereinafter referred to as "the Trust") and S. Jaswant Singh Jas, Honorary General Secretary, M/s S.S. Mota Singh (Nila) Charitable Trust as defendant no. 2 (hereinafter referred to as "SJSJ"). The Trust is impleaded in this petition as respondent no. 2, and defendant nos. 3 to 10 in the suit are impleaded as respondent nos. 3 to 10. The reliefs claimed in the original suit were in the nature of declarations against the appointment of various defendants as trustees or office bearers of the Trust (including SJSJ), an injunction directing the holding of elections of office bearers of the Trust and appointment of an administrator/receiver for management and control over the movable and immovable properties of the Trust.

(3.) Respondent nos. 3 to 8 herein made an application for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC"), which was allowed by the Trial Court vide order dated 19.03.2005. The Trial Court held that the suit was barred by law for want of compliance with the provisions of Section 92 of the CPC. Against this, the plaintiff filed an appeal (RFA No. 494/2005) before this Court. During the pendency of the appeal, SJSJ (the then General Secretary of the Trust) died, and the petitioner herein was appointed in his place on 24.07.2009. The death of SJSJ has been recorded in the order of this Court dated 21.04.2010. By a further order dated 06.09.2010, the Court directed the plaintiff to take steps to implead the succeeding office bearer of the Trust in the appeal. Ultimately, by an order dated 18.12.2012, the plaintiff's appeal was allowed and the suit was restored to the file of the Trial Court for disposal. The order of this Court was challenged by the Trust, the petitioner and two of the other defendants, before the Supreme Court in SLP (Civil) No. 23955/2012. While issuing notice, by an order dated 24.08.2012, the Supreme Court granted stay of further proceedings. The Special Leave Petition was however ultimately dismissed on 18.03.2016.