SADHU SINGH Vs. NARAIN SINGH SEWADAR

JUDGEMENT

(1.) WHETHER a defendant can cross--examine a co--defendant and his witnesses is the sole point involved in this revision directed against the order of Shri N. D. Bhatara, Subordinate Judge 1st Class, Jagraon, dated 14th June, 1976, declining the prayer of Sadhu Singh, defendant--petitioner, to cross--examine his co--defendant Inder Singh, since dead.

(2.) IT is necessary for the proper appreciation of the point in issue to set out the facts of the case. The dispute is about the management of a religious institution known as Gurdwara Nanaksar situated in village Agwar Lopon Khurd, Tehsil Jagraon, District Ludhiana. Sant Ishar Singh was the last Mohatmim of the Gurdwara and he died in 1963. Sant Narian Singh filed a suit for declaration that he was a validly appointed Mohatmim of this Gurdwara having been nominated by the late Mohatmim Sant Ishar Singh in 1963 and unanimously approved and elected by the Sangat on 22-7-1971. It was alleged that there was no established custom or usage of this institution about the succession of the office of Mohatmim. Sant Ishar Singh had been nominated by the previous Mohatmim Baba Nand Singh and approved and elected by the Sangat. Sant Narain Singh thereby claimed to have become successor to Sant Ishar Singh for the management of the affairs of the Gurdwara and the property attached thereto. He further alleged that the Revenue authorities while sanctioning the mutation of the land attached to the Gurdwara constituted a Managing Committee including him and the defendants which they had no right to do. Sant Narain Singh, thus prayed for a declaration that he was the validly appointed Mohatmim of the Gurdwara and also for a permanent injunction restraining the defendants from interfering in any manner with his rights as Mohatmim for managing the affairs of the Gurdwara and the properties attached thereto.

(3.) SADHU Singh, defendant--petitioner, in a separate written statement also denied that Smt. Narain Singh, plaintiff, had been nominated as Mohatmim by Sant Ishar Singh or his nomination was approved by the Sangat. According to him. Hazoori service was a necessary qualification for being appointed a Mohatmim of the Gurdwara. He was the only person who had done such service to Sant Ishar Singh. He was, accordingly, the only person entitled to succeed the exalted position of Mohatmim of the Gurdwara. He, as well, prayed that the suit of Sant Narain Singh, plaintiff, be dismissed.