KALIMATA THAKURANI OF KALIGHAT Vs. RAM CHANDRA CHATTERJEE

JUDGEMENT

(1.) This is an appeal by Ranada Kanta Das, a worshipper of Sree Sree Kalimata Thakurani, for self and as the next friend of the said deity, against an order passed by the District Judge of 24-Parganas on May 12, 1964.

(2.) The appeal arises in connexion with Title Suit No. 85 of 1949 instituted on December 5, 1949, under Section 92 of the Code of Civil Procedure, for proper management of the seva puja of Sree Sree Kalimata Thakurani and her associated deities and for proper management of the Debatter properties. The District Judge, in whose Court the suit was instituted, settled a scheme regarding the aforesaid matters, and, on appeal, the High Court made some amendments to the scheme. An appeal, however, was taken to the Supreme Court by the deity Sree Sree Kalimata Thakurani, and the Supreme Court, while dismissing the appeal, by its judgment dated November 1, 1961, in Sree Sree Kalimata Thakurani v. Jibandhan Mukherjee, made some modifications in the scheme and gave specific directions to the High Court for incorporation of the said modifications in the scheme. The High Court again by its judgment dated February 19, 1962, finally framed the scheme in the light of the directions of the Supreme Court.

(3.) On November 30, 1962, Ranada Kanta Das, the appellant No. 2 in this appeal, filed an application before the District Judge in the said suit for setting aside the election of three persons namely, Probhat Kumar Mukherjee, Chhenu Lal Ganguly and Amiya Kumar Halder as members of the Kalighat Temple Committee and also for certain amendments to the scheme. The said application was opposed by Probhat Kumar Mukherjee, Chhenu Lal Ganguly and others. On May 25, 1963, an application was filed on behalf of the deity represented by the Kalighat Temple Committee for granting leave to one Gobinda Das Banerjee alias Prokas Chandra Banerjee, the then Secretary of the Kalighat Temple Committee, to represent the deity after striking out the name of the next friend Maniklal Banerjee who so long represented the deity as her next friend. The said application was allowed by the District Judge by Order No. 215 dated June 5, 1963. Thereafter on February 10, 1964, an objection to the aforesaid application of the appellant was filed on behalf of the deity, by Prokash Chandra Banerjee, Secretary of the Kalighat Temple Committee, while other objections were also filed by some of the shebaits even before. On March 31, 1964, the appellant filed an application of "preliminary objection" for vacating the aforesaid Order No. 215 dated June 5, 1963, on a finding that the said Prokash Chandra Banerjee had no locus standi to represent the deity in the said proceedings. The said application was directed by Order No. 251 dated May 6, 1964, to be heard on May 20, 1964, while the main application of the appellant was taken up for hearing on that very date and was also heard on May 7, 1964. By Order No. 253 dated May 12, 1964, the said application filed by the appellant on November 30, 1962, was dismissed on contest with costs. The application of the appellant dated March 31, 1964, was taken up for hearing on July 15, 1964, and by Order No. 264 dated July 17, 1964, the said application was also dismissed on contest.