JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Applicability of the principles of Res Judicata and Order II Rule 2 of the Code of Civil Procedure having regard to an observation made by this Court, is involved in this appeal, which arises out of a judgment and order dated 8th May, 2007 passed by a learned Single Judge of the Punjab and Haryana High Court in Regular Second Appeal No. 4070 of 2005.

3. Appellant herein is a Public Trust registered under the provisions of the Rajasthan Public Trust Act 1959 and governed by the provisions thereof. Acquisition of a Gaddi and the management thereof was the subject matter of a suit. Mahant Mani Ram Swami, admittedly was the holder of the said Gaddi. First respondent claimed himself to be the ‘Pota Chela’ of the said Mahant Mani Ram Swami.

4. Disputes and differences between the parties having arisen as regards succession and management of the Gaddi, first respondent filed a suit in the Court of Senior Sub Judge, Rohtak . It was registered as Suit No. 295/2 of 1964. Another suit was filed by Mahant Mani Ram Sadhu Dadu Panthi which was marked as Suit No. 46 of 1967. The said suits were filed for grant of permanent injunction.

5. Appellant ha