SURAJ KUND TEMPLE Vs. RAMA KANT

JUDGEMENT

(1.) The facts and circumstances giving rise to this appeal are as follows :- The appellant, hereinafter referred to as the plaintiff, is Suraj Kund Temple deity at Sunder Nagar, which instituted a suit through its Managing Committee, known as temple committee consisting of two members S/Shri Basant Singh and Kali Dass and Thakur Dass, being its Secretary, was authorised to prosecute the suit on behalf of the deity though the plaint has been signed and verified by one of its members, i.e., Shri Kali Dass as well. One of the defendants in that suit was, amongst others, one Hari Krishan, defendant 1, and the averments in the plaint were that though the property belonged to the deity, which was the subject matter of the suit but was improperly and illegally alienated in favour of defendant Hari Krishan by the State of Himachal Pradesh or its predecessor-in-interest and a declaratory decree was sought to the effect that this alienation was void and the possession in respect of the suit property was also claimed after ejectment of said Hari Krishan.

(2.) The suit has had a long chequered history. It was first instituted in the Court of the Sub Judge at Sunder Nagar on April 5, 1967. Then it was transferred to the court of the Senior Sub Judge at Mandi who on Jan. 27, 1970, returned the plaint to the plaintiff to be presented in an appropriate court on the finding that the Court of Senior Sub Judge had no jurisdiction as the value of the suit property was beyond his pecuniary jurisdiction. The suit was then ultimately filed in the High Court with an application under S.14 of the Limitation Act requesting that the period spent in prosecuting this suit in the lower courts from 5-4-1967 to 1-3-1970 may be excluded in computing the period of limitation on the grounds of bona fides.

(3.) The suit was ultimately registered in the High Court and the proceedings were taken up towards its disposal.