KASINATH PANDA Vs. RAGHUNATH PANDA

JUDGEMENT

(1.) THE following substantial questions of law are formulated at the time of admission of the Second Appeal;

(2.) IN course of hearing of the Second Appeal, Sri Bijan Ray, learned Senior Advocate appearing for the Appellants also raised another moot question regarding nonjoinder of necessary party. He contended that the judgment rendered by the courts of original jurisdiction and first appellate jurisdiction are null and void as the Temple Administrator of Jagannath temple has not been arrayed as Defendant in this case.

(3.) THE Plaintiffs, Respondents before this Court, filed the Original Suit bearing No. 7/30 of 1971 -I in the court of Additional Munsif, Puri praying for declaration of their right over 131 days of Sebapali in the temple of Bimala Thakurani situated inside the Lord Jagannth Temple premises including 60 days of Sebapali in Jaysinghghara Bedha. The Plaintiffs plead that they and the Defendants are the Sebayats in the temple of deity of Bimala Thakurani. The right to perform Seba Puja belongs to four branches known as Bedhas. The four branches are Mohapatraghara Bedha, Pandaghara Bedha, Padhiarighara Bedha and Jaisinghghara Bedha. The Plaintiffs and Defendants 10 to 13 belong to Padhiarighara Bedha, Defendants 1 to 9 belong to Pandaghar Bedha and Defendants 14 to 28 belong to Mahapatraghar Bedha. The other branch belonging to Jayasinghghar Bedha became extinct as Jayasingh Panda died issueless.