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1977 Supreme(P&H) 205

GURNAM SINGH, PREM CHAND JAIN
Bara Hanuman Temple Durgain, Amritsar – Appellant
Versus
Gurbux Lal Malhotra – Respondent


Judgment

GURNAM SINGH, J.

1. After obtaining sanction of the Advocate-General, Punjab, u/s. 92, C. P. C. (hereinafter referred to as the Code), Bara Hanuman Temple Durgian (hereinafter referred to as the Temple) through Durga Dass and Tilak Raj sons of L. Paras Ram who was the founder of the trust, filed the suit for the appointment of Gurbux Lal Malhotra, Gauri Shankar Sharma and Madan Lal Khanna as trustees of the Temple, which is a religious and charitable trust, as all the three trustees appointed by Sh. Paras Ram had died. In that suit, one, Gur Parshad filed an application under O. 1, R. 10 of the Code, for being impleaded as a defendant, alleging that he along with Rattan Chand and Shori Lal had been managing the Temple for the last four years and nine months, that after the death of Rattan Chand, he and Shori Lal had been continuing to manage the Temple as trustee managers and that after the death of Shori Lal, which took place in Feb., 1974, he alone managed the Temple and was in possession of its properties. He further alleged that the suit filed a collusive one and has been filed with a view to grab the administration of the Temple and that in his absence the suit could n





























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