RADHASOAMI SATSANG SABHA Vs. JEEWAN ADHAR SINHA

JUDGEMENT

(1.) PLAINTIFF No.1 -Radhasoami Satsangh Sabha, Dayalbagh, Agra of Original Suit No.1 of 1943 has filed this petition for quashing the order dated 16th May, 2013 passed by the learned Additional Civil Judge (Senior Division), Court No.4, Agra by which application dated 23rd July, 2012 [Paper No.1915(C)], filed by the plaintiffs with a prayer that the Trial Court need not try those issues framed by the Supreme Court in the judgment dated 21st October, 1965 which are covered by the 41 issues decided earlier by the Trial Court in judgment and decree dated 5th July, 1961 and to give findings only on the remaining issues framed by the Supreme Court, has been rejected. The petitioner has also sought the quashing of the order dated 4th July, 2013 by which the application filed by the plaintiffs for review of the aforesaid order has been rejected.

(2.) IT transpires from the records that while deciding Civil Appeal No.385 of 1965 and Civil Appeal No.666 of 1965 filed by Radhasoami Satsangh Sabha on 21st October, 1965, the Supreme Court, with the consent of the parties, allowed the plaintiffs to amend the the plaint and framed 49 issues contained in SCHEDULE -A for findings by the Trial Court with a direction that after the evidence has been recorded, the Trial Court should make it own findings and submit the same to the High Court and the observations are : -

(3.) ISSUE No.21 that is contained in the 49 issues framed by the Supreme Court is as follows: -