Sir George Rankin:-

In this case the original plaintiff was one Mahabir Das, mahunt of a thakardwara at Peshawar and Chiniot. By his suit, brought on 3rd August 1926, in the Court of the Subordinate Judge at Sheikhupura in the Punjab, he claimed to eject defendant 1 Sham Das from a thukardwara situate at a village called Bhikhi and from the properties belonging thereto. On 22nd August 1927 he succeeded before the trial Judge in obtaining a decree declaring that Sham Das was a trespasser and that he (the plaintiff) was entitled to possession of the property attached to the Bhikhi temple. Thereafter he obtained possession in execution of the decree. The High Court at Lahore however on 27th Tune 1933 set aside this decree and dismissed the suit. While the appeal was pending in the High Court, viz. on 10th July 1930, Mahabir Das died and was succeeded on the gaddis of Peshawar and Chiniot by one Ram Lakhman Das. On an application made by Sham Das on 14th October 1930 the High Court substituted Ram Lakhman Das as plaintiff-respondent to the appeal- an order which is objected to before their Lordships on the ground that the application was four days out of time, that the appeal had abated