JUDGMENT :

VIKAS BAHL, J.

1. Present order would dispose of two revision petitions arising from the same suit. The first petition i.e. Civil Revision No.1797 of 2017 has been filed by 12 petitioners, who are the defendants in the suit, in which challenge is to the order dated 17.11.2016 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, District Jalandhar whereby the application under Order 1 Rule 10 CPC for impleading respondent No.2 (Gopal Krishan Kundi) as one of the plaintiffs in the suit has been allowed. The second petition i.e. Civil Revision No.1133 of 2018 has been filed by Gopal Krishan Kundi (added plaintiff No.2) in which challenge is to the order dated 27.11.2017 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, vide which the application filed by the petitioner-plaintiff No.2 under Section 92 CPC read with Section 151 CPC (Annexure P-1) to obtain leave of the Court has been dismissed.

CR-1797-2017

2. Brief facts of the present case are that Pawan Kumar- respondent No.1 had filed a suit against 13 defendants with the following prayers: -

“It is therefore respectfully prayed that suit for Permanent Injunction restraining the defendants or their associates, agents, attorneys etc. from installing any Sant on the Dera of Sant Sadhu Ram Jit, Mohalla Sant Nagar, Nurmahal controlled by Shri Mansa Ram Mission Charitable Trust, Mohalla Sant Nagar, Nurmahal, without consent of all the Trustee and the followers/devotees; illegally and forcibly or through any other manner forever and rather appointing only a Sewadar;

OR

Suit for Mandatory Injunction directing the defendants to submit accounts of Shri Mansa Ram Mission Charitable Trust, Mohalla Sant Nagar, Nurmahal, Tehsil Phillaur and further Mandatory injunction for appointing any Receiver for smooth conduct of the affairs of the trust; may kindly be decreed in favour of the plaintiff and against the defendants with costs in the interest of justice.

AND

Any other relief to which the plaintiff is found to be entitled in the circumstances of the case and which this Hon'ble Court may deem fit and proper may also be granted to the plaintiff”

3. It was the case of the plaintiff No.1 that there was a Dera known as Sant Sadhu Ram Ji, Mohalla Sant Nagar, Nurmahal, which was controlled by Shri Mansa Ram Mission Charitable Trust, Mohalla Sant Nagar, Nurmahal, Tehsil Phillaur and the said Dera was existing at Mohalla Sant Nagar Nurmahal since time immemorial. It was further the case of the plaintiff No.1 that Sant Sadhu Ram Ji was the Chela of Sant Mansa Ram Ji and the said Dera had a lot of properties which were earlier in the name of Sant Mansa Ram Ji and after his demise, the said properties were inherited by Sant Sadhu Ram Ji and the said Sant Sadhu Ram Ji had left his CHOLA (died) on 08.09.1980 and thereafter the Chela Sant Daya Ram Ji was appointed, who also left the CHOLA (died) on 06.12.1999. Further details of subsequent Chela and their date of death had been mentioned in the plaint. In para 3 of the plaint, it was stated that the plaintiff No.1-Pawan Kumar was one of the trustees of Shri Mansa Ram Mission Charitable Trust, Mohalla Sant Nagar, Nurmahal, Tehsil Phillaur and so were the defendants No.1 to 6. It was specifically averred that Gopal Krishan Kundi was the Joint Secretary of the trust. It was further the case of the plaintiff No.1 that defendants No.1 to 6 were not managing the trust/Dera and its properties properly and they were not keeping proper accounts of the trust.

4. The written statement dated 28.07.2016 was filed in the said case. When the said case was at the initial stage, an application dated 06.09.2016 under Order 1 Rule 10 CPC was filed by applicant Gopal Krishan Kundi to be impleaded as plaintiff no.2 in the suit. In the said application, it was stated that the applicant was the Joint Secretary of the Trust i.e. Shri Mansa Ram Mission Charitable Trust and was a devotee of the Dera Sant Sadhu Ram and that defendants No.1 to 6