MAHANT PARMINDER DASS Vs. GURMEET SINGH

JUDGEMENT

(1.) Present petition is filed challenging order dated 20.3.2010 passed by Civil Judge (Jr. Divn.) Rajpura whereby the application for impleadment of the legal representative of Mahant Didar Dass -defendant No. 4 was dismissed.

(2.) In a suit filed by the respondent No. 4/ plaintiff, Mahant Didar Dass was impleaded as defendant No. 4. Didar Dass expired on 11.3.2007, however, plaintiff did not move any application for substitution of the LRs of defendant No. 4. Present petitioner Parminder Dass claiming himself to be Chela (spiritual son of Didar Dass) moved an application seeking impleadment as legal heir of defendant No. 4. The application was rejected vide impugned order.

(3.) Undisputedly Didar Dass - defendant No. 4 expired on 11.3.2007. Undisputedly Didar Dass was also a party before the Hon'ble Apex Court in another litigation wherein present petitioner Parminder Dass was impleaded as legal heir of Didar Dass being Chela (spiritual son of Didar Dass). Learned trial Court has rejected the application moved by the petitioner placing reliance on the judgment of Single Judge of this Court in the matter of Dula Gir Chela Shri Harjinder Gir v. Harchand Gir, 1993 CCC 362 wherein learned Single Judge of this Court has held that on the death of the Mahant his personal right died with him, hence, there is no question of substitution of the LR of deceased Mahant.