MAHANT GURNAM SINGH ETC Vs. MAHANT HARDIAL SINGH

JUDGEMENT

(1.) This is an appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter called the Act), against the order of the learned single Judge, dated May 20, 1980 whereby all the appellants have been held guilty of the contempt of Court under Section 12 of the Act, and sentenced to pay a fine of 2,000/- each, and in default of payment of fine, to undergo simple imprisonment for 15 days each.

(2.) The facts giving rise to this appeal, are that Gurnam Singh and Tara Singh, appellants and one Gulzar Singh, filed a suit against Mahant Hardial Singh, respondent, and others, under Section 92, Civil Procedure Code, inter alia for the removal of the respondent from the management of Dera Thakran and for appointing Gurnam Singh, appellant, as a new trustee and Mahant of the Dera. The learned Additional District Judge, Amritsar, though decreed the plaintiffs' suit partially vide judgment dated March 30, 1979, he dismissed the same qua the second relief holding that Gurnam Singh plaintiff was not a proper person to handle properties of the Dera, and therefore, unfit for appointment as Mahant. The operative part of that judgment reads. -

(3.) During the pendency of the said Appeal, when Hardial Singh, respondent, came to know that a general meeting of Nirmal Bhekh would be held on May 29, 1979, under the Presidentship of Mahant Lal Singh (one of the appellants), in which the agenda for discussion were regarding the management of Dera Thakran, he moved an application, Civil Misc. Application No. 949-C.I. of 1979, enumerating therein the aforesaid facts and praying that the appellants (respondents in that application), be restrained from appointing any Mahant in his place. In that application, Gurnam Singh, J. passed the following orders on May 28, 1979 :-