MAHANT NIRANJAN DAS Vs. SHIROMANI GURUDWARA PRABHANDHAK COMMITTEE

JUDGEMENT

(1.) IN this case the sole appellant died on March 21, 1988. An application for bringing the legal representative on record was filed by Sri Gur Preet Dass, Chela of the appellant on January 24, 1991. This application has been contested on behalf of the respondent on the ground that there is no satisfactory explanation regarding the delay in tiling this application. It has been submitted that Gur Preet Dass himself had filed a suit in the Court of Sub -Judge Amloh on August 29, 1990 and in that plaint in para 15, Gur Preet had admitted that a case was pending between the Gurdwara Prabandhak Committee, Amritsar and Niranjan Dass, and the Supreme Court was pleased to stay dispossession of Niranjan Dass. Photostat copy of the order of the Supreme Court was also attached with the plaint and thus it is clear beyond doubt that the applicant Gur Preet Dass had the knowledge of the present appeal at least on the date of plaint that is August 29, 1990. The application for substitution has been filed on January 24, 1991 which is admittedly beyond the period of 90 days.

(2.) LEARNED counsel for the applicant brought to our notice and placed reliance on a decision of the Punjab and Haryana High Court in Har Devi v. Joginder Singh 1988 Civil Court Cases 517 (P & H) and contended that the limitation in this case should be considered as three years as provided under Article 137 of the Limitation Act, 1963.

(3.) IN the result we dismiss the application filed by Gur Preet Dass for bringing him on record as legal representative of Mahant Niranjan Dass and for being substituted as an appellant. The application for selling aside the abatement and condoning the delay arc also dismissed. As a result of the dismissal of these applications, this appeal also stands dismissed as having abated. There will be no order as to costs.