(SWAIN) PARAMARATH GIR Vs. RAM SARUP SINGH

JUDGEMENT

(1.) This is an application for revision under Schedule 115, Civil P.C., and is directed against an order of the learned Subordinate Judge of Benares, dated 3rd November 1930, dismissing the plaintiff's application for leave to sue as a pauper upon the ground that the plaint did not Disclose any cause of action. The facts of this case which have given rise to this application are briefly these: The plaintiff alleges that there is an ancestral mutt belonging to Daanami Sanyasis of the Gir sect in mohalla Suraj Kund in the city of Benares and that this mutt owns property worth Rs. 10,00,000. A genealogical table has been set out in para. 3 of this application. Narain Gir is alleged to be the last mahant of this gaddi. He died a minor on 9 July 1910. Swarath Gir, Guru of the applicant, who was a chachera Guru Bhai of Narain Gir, is described as the next mahant of the gaddi, as (according to Parmarath Gir), he was duly given the chaddar according to the custom of the mutt and thus became the mahant. The property was in the possession of the Court of Wards. Three suits were instituted with reference to this property; one by Jagannath Gir; the second by Swarath Gir and the third by Trigumanand. These suits were numbered and registered respectively as No. 29 of 1913 No. 122 of 1913 and No. 27 of 1915.

(2.) There was a triangular duel amongst these three persons, the position of the Court of Wards being that of a neutral state which held the property in the capacity of a stakeholder. All the three suits-were dismissed by the trial Court in December 1915. There were three appeals lodged in this Court. The appeal of Trigumanand was allowed and the other two appeals were dismissed.

(3.) These appeals were decided on 30 April 1922. Swarath Gir made two applications to this Court for leave to appeal to His Majesty in Council; one in his own suit and the other in the suit of Trigumanand. Leave to appeal was granted on both these applications. Swarath Gir failed to deposit Rs. 4,000 as security, in one of his appeals, and the result was that that appeal was dismissed for default of prosecution. Swarath Gir died on 22 February, 1924. On 25 July 1924, Parmarath Gir, alleging himself to be the chela of Swarath Gir, applied for substitution of his name in place of Swarath Gir in Privy Council Appeal No. 17 of 1922. Trigumanand Gir opposed this application on the ground that Parmarath Gir was not the chela of Swarath Gir at all but was an impostor. On 28 November 1924, Parmarath Gir's application was dismissed for default of prosecution and it was declared that the Privy Council Appeal No. 17 of 1922 had abated. On 23rd December 1924 Parmarath Gir applied for setting aside the order, dated 28th November 1924, dismissing his application for substitution of his name and he further prayed for the setting aside of the order of abatement but this application was dismissed on 8 January 1925.