GURDWARA SAHIB KOTHI BEGOWAL Vs. HARNAM SINGH

JUDGEMENT

(1.) On 27th of January 1956, an application was made by Mahant Sardar Singh for self and on behalf of Gurdwara Sahib Kothi Begowal as Mahant and Mohtmin of this Gurdwara, for permission to file a suit for possession of 18 standard acres of land described in the plaint. As a result of the enquiry made by the learned trial Court, it came to the conclusion that Sardar Singh was a pauper and that Gurdwara Sahib Kothi Begowal, also was possessed of no property. The Court, however, came to the conclusion that in view of the decision of this Court reported as Associated Pictures Ltd. v. National Studios Ltd., AIR 1951 Punj 447, no juristic person could take advantage of Order 33, rule 1, and that Gurdwara Sahib Kothi Begowal could not be declared a pauper. Sardar Singh was therefore directed to score out the name of Gurdwara Sahib Kothi Begowal if he wanted to proceed with the suit in forma pauperis. Against this order the present revision was filed on behalf of Gurdwara Sahib Kothi Begowal.

(2.) The matter came up before Gurnam Singh J. on 22nd of April, 1958, who, in view of the conflict of authorities, referred the same to a Division Bench.

(3.) The relevant provisions of Order 33 requiring consideration are as follows:-