ORDER

Leave granted.

2. The present appeals arise out of an order in a pending Second Appeal before the High Court of Judicature at Patna. The necessary facts for our consideration are as follows:

3. Respondent Nos.1 to 4 were plaintiffs in a civil suit where Swami Shivdharmanand Ji Maharaj @ Deo Shankar Tiwary (hereinafter referred to as ‘Swami Shivdharmanand’) was one of the defendants. It was a title suit seeking declaration regarding the suit property which is situated in Bihar. The suit was dismissed by the Trial Court on 26.03.1991. The First Appellate Court allowed the appeal and decreed the suit. Consequently, the defendant Swami Shivdharmanand filed a second appeal, which is still pending before the Patna High Court.

Meanwhile the defendant, who had filed the second appeal passed away on 20th March, 1999. There were two claimants, or successors of the “Gaddi” of Swami Shivdharmanand, who sought substitution in place of Swami Shivdharmanand in the Second Appeal. These were (a) Swami Triyoganand Ji Maharaj @ Ram Narayan Bind (hereinafter referred to as ‘Swami Triyoganand) and (b) Swami Satyanand Ji Maharaj @ Ramjee Singh (hereinafter referred to as ‘Swami Satyanand’) who is resp