RAJ BAHADUR Vs. PAWAN KUMAR

JUDGEMENT

(1.) Present order would dispose of two revision petitions arising from the same suit. The first petition i.e. Civil Revision No.1797 of 2017 has been filed by 12 petitioners, who are the defendants in the suit, in which challenge is to the order dtd. 17/11/2016 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, District Jalandhar whereby the application under Order 1 Rule 10 CPC for impleading respondent No.2 (Gopal Krishan Kundi) as one of the plaintiffs in the suit has been allowed. The second petition i.e. Civil Revision No.1133 of 2018 has been filed by Gopal Krishan Kundi (added plaintiff No.2) in which challenge is to the order dtd. 27/11/2017 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, vide which the application filed by the petitioner-plaintiff No.2 under Sec. 92 CPC read with Sec. 151 CPC (Annexure P-1) to obtain leave of the Court has been dismissed.

(2.) Brief facts of the present case are that Pawan Kumar- respondent No.1 had filed a suit against 13 defendants with the following prayers: -

(3.) It was the case of the plaintiff No.1 that there was a Dera known as Sant Sadhu Ram Ji, Mohalla Sant Nagar, Nurmahal, which was controlled by Shri Mansa Ram Mission Charitable Trust, Mohalla Sant Nagar, Nurmahal, Tehsil Phillaur and the said Dera was existing at Mohalla Sant Nagar Nurmahal since time immemorial. It was further the case of the plaintiff No.1 that Sant Sadhu Ram Ji was the Chela of Sant Mansa Ram Ji and the said Dera had a lot of properties which were earlier in the name of Sant Mansa Ram Ji and after his demise, the said properties were inherited by Sant Sadhu Ram Ji and the said Sant Sadhu Ram Ji had left his CHOLA (died) on 8/9/1980 and thereafter the Chela Sant Daya Ram Ji was appointed, who also left the CHOLA (died) on 6/12/1999. Further details of subsequent Chela and their date of death had been mentioned in the plaint. In para 3 of the plaint, it was stated that the plaintiff No.1-Pawan Kumar was one of the trustees of Shri Mansa Ram Mission Charitable Trust, Mohalla Sant Nagar, Nurmahal, Tehsil Phillaur and so were the defendants No.1 to 6. It was specifically averred that Gopal Krishan Kundi was the Joint Secretary of the trust. It was further the case of the plaintiff No.1 that defendants No.1 to 6 were not managing the trust/Dera and its properties properly and they were not keeping proper accounts of the trust.