Liberal interpretation of the provisions under Order 6 Rule 17 C.P.C. and the importance of allowing necessary amendments for the effectual determination of the real matters of controversy between the parties.

R.L.Anand, J.

1. Smadh Maharaja Sardul Singh situated at Barnala through Tarsem Chand alias Tarsem Das alias Tarsem Lal Chela Mahant Girdhari Lal Mohatmim, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 24.12.1979 passed by the Court of Additional District Judge, Barnala, who dismissed the appeal by affirming the judgment and decree dated 29.8.1978 vide which the suit of the plaintiff-appellant was dismissed.

2. Before I proceed further, I may also make a mention that when this appeal was pending before the Court of Additional District Judge. Barnala, the plaintiff filed an application under Order 6 Rule 17 C.P.C., for amending the pleadings by incorporating the name of Shri Tarsem Chand as co-plaintiff but that application was also declined vide separate order dated 24.12.1979 the day when the judgment in the main appeal was also pronounced.

3. Some facts can be noticed in the following manner: Smadh Maharaja Sardul Singh earlier filed the suit for possession of the land measuring 131 Kanals 3 Marlas through Tarsem Dass Chela Mahant Girdhari Lal for possession of the land fully described in the head note of the plaint and the case set up by the plaintiff was that Smadh Maharaja Sardul Singh was the owner of the land measuring 131 Kanals 3 Marlas. Tarsem Chand alias Tarsem Lal Chela Girdhari Lal is the Mohtmim of the property of the Smadh. He died on 27.8.1973. After his death Tarsem Dass has succeeded to the Mohtmimship of this Smadh and mutation No. 7509 was duly sanctioned on 29.9.1973. Tarsem Dass now performed all the religious ceremonies with regard to this Samadh. Girdhari Lal, the previous Mohatmim was spent-thrift, drunkard and squanderer and had thus alienated the property of the Samadh without legal necessity and without the interest of the estate to Shri Rikhi Ram by executing lease deed in his favour for the longer duration and that too for a very small consideration and the possession of the land was delivered to him vide various chakotanamas as referred to in para 4 of the plaint. It was further pleaded that the land has further been leased to defendants No. 2 to 6 by Shri Rikhi Ram and they are in possession of the same. Plaintiff called upon the defendant to surrender the possession of the land in question but to no effect. On these brief allegations the suit for possession was instituted.

4. Notice of the suit given to the defendants who denied all the allegations by filing the written statement. Defendant No. 1 Shri Rikhi Ram took preliminary objections that the suit is not within limitation and that it is barred by the principles of res-judicata. The suit has not been properly stamped for the purpose of court-fee and jurisdiction and is bad for non-joinder of necessary parties. It was also pleaded that no sanction of the Advocate General has been obtained under Section 92 of the Civil Procedure Code before filing the suit. Tarsem Dass being in Government service and a married man cannot become Mohatmim of the Samadh. On merits the stand of the defendant No. 1 was that the property in question did not belong to Samadh Maharaja Sardul Singh. There was no Samadh at Barnala. Girdhari Lal was the owner of the property of the Samadh. He was not a spend-thrift and squanderer. The land was given on chakota to him by Girdhari Lal of his free will and the necessary mutations were also delivered to him on the basis of the chakota and he is in possession of the same.

5. From the findings of the parties the learned trial Court framed the following issues:-

1. Whether the suit is property valued for purposes of Court fee and jurisdiction? OPP

2. Whether Surjan Singh defendant is son of Saun Singh? OPP

3. Whether Smadh Maharaja Sardul Singh is the owner of land measuring 131 Kanals 3 Marlas situated at Barnala? OPP

4. Whether Tarsem Chand alias Tarsem Dass is the Chela of Mahant Girdhari Lal Mohtimim of Smadh Maharaja Sardul Singh? OPP

5. Whether Girdhari