DERA BABA THANDI RAM Vs. RULDU SIGNH

JUDGEMENT

(1.) These revisions petitions are directed against order passed by the Additional District Judge, Patiala whereby the applications filed at the behest of two persons claiming themselves to be the legal representatives of late Mahant Nirmal Dass, who died during the pendency of the appeal on 19th of January, 2015, have been disposed off allowing both of them to participate in the present proceedings as the legal representatives of the deceased without adjudicating their rival claims.

(2.) Counsel for both the parties do not dispute that in terms of Order XXII Rule 5 Code of Civil Procedure, Court was under obligation to first decide the issue of legal representatives and, thereafter, proceed. However, both of them want to claim themselves to be the Mahant.

(3.) Mr. Jain Ld. Senior Counsel relies upon order Annexure P-10 dated 25th of November, 2016 (in CR-7589-2016) passed by Additional District Judge, Patiala in Civil Appeal No.4/28/1/2014 to submit that Mahatmim Raman Kanta has been declared as the legal representative and the order has attained finality.