GRAM PANCHAYAT OF VILLAGE FATEHABAD THROUGH ITS SARPANCH SHRI BEWA SINGH Vs. SHIROMANI GURDWARA PARBANDAK COMMITTEE AND ORS.

JUDGEMENT

(1.) This petition filed under Sec. 115 of the Code of Civil Procedure, 1908, challenges order dated 24.9.1993 passed by the Additional Senior Sub Judge, Tarn Taran, allowing an application of the applicant - respondents to become party defendants in Civil Suit No. 230 of 1993 instituted on 7.5.1993 by the plaintiff -petitioner. It is appropriate to mention that the plaintiff -petitioner has filed a suit for declaration to the effect that the Gurdawara Sahib in question is controlled and managed by the plaintiff -petitioner i.e. Gram Panchayat Fatehabad and that the defendant -respondents Shiromani Gurdawara Parbandik Committee 'SGPC' (for brevity) has no interest, control or title over the Gurdawara Sahib. A prayer in the suit has also been made for restraining the defendant - respondents SGPC from interfering in the management of Gurdawara which is claimed to be in the hands of Gram Panchayat plaintiff -petitioner.

(2.) During the pendency of the suit an application under Order 1 Rule 10 CPC was filed by Sarv Shri Madan Mohan, Gurcharan Singh, Ralia Singh, Bharpur Singh and Sukhdev Singh, applicant -respondents No. 2 to 6 with the allegation that the Gurdawara Sahib in question has been duly notified by the State of Punjab and the applicant -respondents have been recognised as members of the committee in that notification. A photo copy of the notification has been produced on the record which shows that the applicants were duly elected as per meeting convened on 24.3.1993. It is further claimed that the Gurdawara is in physical and actual possession of the managing committee and the plaintiff -respondents have no concern with the management of the Gurdawara and its property.

(3.) The learned Additional Senior Sub Judge vide his impugned order has allowed the application by holding that the applicant -respondents No. 2 to 6 were necessary parties and deserved to be impleaded as party defendants. The view of the learned Additional Senior Sub Judge is discernible from the concluding para of his order which reads thus: