MAHANT AVTAR SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 10.2.1999 passed by the Court of Additional District Judge, Muktsar, who, dismissed the application of the petitioner for the dismissal of the suit filed under Section 92 C.P.C.

(2.) ORIGINALLY the suit was instituted under Section 92 C.P.C. by Shri Kulwant Singh and Joginder Singh against the present petitioner, seeking the removal of the petitioner from the office of Mahantship and for appointment of a new Mahant of the institution. An application was filed by the defendant that the suit was not maintainable. It was mentioned in the application that Kulwant Singh had died. Hermit Singh and Sukhwant Singh LRs. of Shri Kulwant Singh made an application under Order 22 Rule 3 C.P.C. for impleading them as parties to the suit and that application was also dismissed on 5.8.1998. The right of sue does not survive. Thus, Shri Joginder Singh plaintiff cannot continue with the suit.

(3.) I have heard the learned Counsel for the parties and with their assistance have gone through the record of the case.