SHIROMANI GURDWARA PARBANDHAK COMMITTEE AMRITSAR Vs. MOHINDER KAUR

JUDGEMENT

(1.) This appeal is directed against the order of the Sikh Gurdwara Tribunal, Punjab, dated 28th Nov. 1978, whereby, holding that the impugned order of the Tribunal dated 18-12-1963 was not a nullity and that application for setting aside the order of dismissal under S. l5l of the Code of Civil Procedure was incompetent and that order dated 20-9-1974 dismissing Civil Misc. No. 213 of 1974 operates as res judicata, Civil Misc. No. 392 of 1978 filed by the Shiromani Gurdwara Parbandhak Committee (hereinafter referred to as the S.G.P.C.) was dismissed.

(2.) In brief, facts relevant for the disposal of this petition are that Mahant Bishan Dass filed composite petition u / Ss. 8 and 10 of the Sikh Gurdwaras Act, 1925 (hereinafter referred to as the Act) asserting that the institution in dispute, namely, Gurdwara Sahib Dharamshala Androoni situated in the revenue estate of Jalaldiwal, tehsil Bamala district Sangrur, belonged to Udasi sect was a Dharamshala and not a Sikh Gurdwara. Petition No. 259 of 1963 relates to claim under S. 8 of the Act. The Tribunal issued notice to Bishan Dass for 28-8-1963 and as per report of Process Server Bishan Dass died on 2nd of February, 1963. The case was adjourned to 28-10-1963 on which date Dial Dass moved an application for being impleaded as legal representative of Mahant Bishan Dass and notices of the said application were issued to the parties concerned including S.G.P.C. for 18-12-1963. Dial Dass did not appear before the Tribunal on that day and the petition was dismissed in default. On 28-1-1974, S.G.P.C. filed Civil Misc. application No. 213 of 1974 alleging that the impugned order dated 18-12-1963 dismissing the petition u /S. 8 of the Act was without jurisdiction. It did not exist in the eye of law, was a nullity and the Tribunal was legally bound to finally dispose of the main petition u / S. 8 of the Act. Notice of this application was sent to Dial Dass and as per report on the summons Dial Dass was already dead. Thereafter S.G.P.C. filed Civil Misc. application No. 241 of 1974 on 11-3-1974 for impleading Mohinder Kaur widow of Dial Dass as his legal representative and subsequently she was allowed to be impleaded as legal representative of Dial Dass. Another Civil Misc. application No. 248 of 1974 was filed before the Tribunal, and, on its basis four minor daughters of Dial Dass, namely, Surinder Pal Kaur, Amarjit Kaur, Paramjit Kaur and Inderjit Kaur were also impleaded as legal representatives through their monther Mohinder Kaur. All the legal representatives of Dial Dass pleaded that the order of the Tribunal dated 18-12-1963 is perfectly legal and valid; it did not suffer from inherent jurisdiction and the application was time barred. On 20-9-1974, S.G.P.C. filed Misc. application No. 280 of 1974 alleging that after the death of Bishan Dass his legal representatives were not brought on the record in time; that the main petition had already abated and that application No. 213 of 1974 filed on behalf of the S. G.P.C. for restoration of the said application may be allowed to be withdrawn. On the statements of counsel for S.G.P.C. dated 20-9-74 Civil Misc. No. 213 of 1974 was dismissed as withdrawn. Second application No. 392 of 1978 u / S. l5l of the Code of Civil Procedure was filed by the S.G.P.C. for restoration of the main petition, which was dismissed by the Tribunal on 18-12-1963. It was mainly contended in this petition that the order dismissing the petition u / S. 8 of the Act was without jurisdiction and a nullity and that Tribunal was legally bound to decide the main petition on merits. This petition was contested on behalf of Mohinder Kaur and others on the ground that the said order was legal and valid and was not a nulliry and that the application was barred by limitation.

(3.) From the pleadings of the parties, the following issues were framed by the Tribunal:---