CHETIN GIR Vs. HARJINDER SINGH

JUDGEMENT

(1.) This order will dispose of Civil Revision No. 1342 and No. 1343 of 1978, which contain similar question of law.

(2.) Briefly the facts are that on April 26, 1977 on Ekam Gir and 32 other persons filed a suit for declaration that the order of the Collector dated April 25, 1977 under Section 145, Cr.P.C. was not binding on the plaintiffs as Ekam Gir plaintiff No. 1 was legally appointed Mohtmim of the property in dispute which belonged to Dera and the defendants have no right or interest therein. The suit was instituted by Ekam Gir through his Mukhtiar Joginder Singh. Ekam Gir had in fact died on April 3, 1977 at Kailash Ashram Dra and it was not known to his Mukhtiar at the time of the institution of the suit.

(3.) Chetin Gir petitioner filed two applications-one under Order 22, Rule 3 and the other under Order 1, Rule 10, C.P.C. (hereinafter referred to as the Code) for impleading him as a party in place of Ekam Gir. In the former application he represented that he was the legal representative of the deceased as he was Guru Bhai of Ekam Gir. In the latter application it was stated that he was a necessary party to the proceedings and, therefore, was entitled to be impleaded as plaintiff. Both the applications were dismissed by the trial Court.