1. Whether a defendant can cross-examine a co-defendant and his witnesses is the sole point involved in this revision directed against the order of Shri N. D. Bhatara, Subordinate Judge 1st Class, Jagraon, dated 14.06.1976, declining the prayer of Sadhu Singh, defendant-petitioner, to cross-examine his co-defendant Inder Singh, since dead.

2. It is necessary for the proper appreciation of the point in issue to set out the facts of the case. The dispute is about the management of a religious institution known as Gurdwara Nanaksar situated in village Agwar Lopon Khurd, Tehsil Jagraon, District Ludhiana. Sant Ishar Singh was the last Mohatmim of the Gurdwara and he died in 1963. Sant Narain Singh filed a suit for declaration that he was a validly appointed Mohatmim of this Gurdwara having been nominated by the late Mohatmim Sant Ishar Singh in 1963 and unanimously approved and elected by the Sangat on 22-7-1971. It was alleged that there was no established custom or usage of this institution about the succession of the office of Mohatmim. Sant Ishar Singh had been nominated by the previous Mohatmim Baba Nand Singh and approved and elected by the Sangat. Sant Narain Singh there