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1965 Supreme(Guj) 122

B.J.DIVAN
ACHARYA DEVENDRAPRASADJI VASUDEOPRASADJI MAHARAJ PANDE – Appellant
Versus
SADHU MUKTAJIVANDASJI GURU ISHWARDASJI – Respondent


Advocates Appeared: G.N.DESAI, S.B.VAKIL

B. J. DIVAN, J.

( 1 ) IN each of these four Civil Revision Applications the petitioner is the same individual and the respondent is also the same individual. These four Civil Revision Applications arise out of virtually the same order which was passed in two suits which were consolidated before the trial Court and hence I will dispose of all these four Civil Revision Applications by this common judgment.

( 2 ) IN order to understand and appreciate the points involved in this group of matters it is necessary to set out certain facts. One suit was filed as far back as March 1941 being Civil Suit No. 549 of 1941 in the Court of the Civil Judge Sr. Dn. Ahmedabad. The present opponent who is the plaintiff in that suit filed the suit challenging an order passed by the defendant the present petitioner in each of these four matters. The order that was passed by the defendant was in his capacity as the Acharya of the particular sect to which the plaintiff and the defendant belonged declaring that the defendant was Vimukh. By this suit the plaintiff challenged the order of Vimukh and claimed damages declaration etc. A second suit was thereafter filed on November 22 1943 based on the same caus

















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