High Court Punjab-Haryana High Court

Gurdwara Sahib Through S.G.P.C vs Teja Singh And Others on 9 March, 2009

Punjab-Haryana High Court
Gurdwara Sahib Through S.G.P.C vs Teja Singh And Others on 9 March, 2009
C.R.No.213 of 2005                                                          1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                        C.R.No.213 of 2005
                                        Date of decision:09.03.2009.


Gurdwara Sahib through S.G.P.C.                                  ...Petitioner

                                  Versus

Teja Singh and others                                       ...Respondents.


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.

Present: Mr. Paramjit Singh Thiara, Advocate, for the petitioner.
         Mr. S.S.Rangi, Advocate, for the respondents.
                                  *****

S.D.ANAND, J. (ORAL)

The petitioner – S.G.P.C., Amritsar had not been initially

impleaded as a party in the suit. Defendant No.1 was described therein as

“Gurdwara Sahib Wakia Rakba Samrala Ba – ihtimam Intamzamia

Committee through Amarjit Singh S/o Kartar Singh, resident of Samrala”. It

is common ground that the Gurudwara aforementioned was taken over by

the S.G.P.C. w.e.f. 01.01.1987. It was thereafter only that the S.G.P.C.,

Amritsar filed a plea under Order 1 Rule 10 C.P.C. for being impleaded as

defendant No.1 in place of the initially impleaded defendant No.1. That

plea came to be allowed by the Court vide order dated 3.3.1987. It was

directed that defendant No.1 therein shall thereafter be read as under: –

“Gurudwara Sahib Wakia Rakba Samrala Ba-ihtimam S.G.P.C.,

Amritsar through its president”.

The matter, thereafter, came to be adjourned for 20.04.1987 for

effecting of service upon the newly added defendant No.1. The Presiding

Officer of the concerned Court had been transferred and the new

incumbent had not taken over charge by that time. The matter, thereafter,

came up on 27.04.1987 for effecting of service upon the newly added

defendant No.1. On the adjourned date i.e. 22.5.1987, the Court noticed
C.R.No.213 of 2005 2

that the notice to S.G.P.C. Amritsar could not be issued as the process fee

and RC had not been filed. On 23.7.1987, the learned Trial Court passed

the following order: –

“In this case, defendant S.G.P.C. Remains to be served. The

case is pending since 9.4.1983 and further proceedings are held

for want of service of S.G.P.C. I am satisfied that the said

defendant is not likely to be served through ordinary process. Let

the said defendant be served through publication in Daily Jagjot

on depositing publication fee for 14.8.1987”.

On the publication of a Court notice in the Daily Jagjot, ex-parte

proceedings came to be ordered against the petitioner – S.G.P.C.

I find force in the contention of the learned counsel for the

petitioner that sufficient cause for the effecting of substituted service upon

defendant No.1 had not been made out and the grant of that order was

invalid. In that view of things, the impugned order passed by the learned

Trial Court and also the Lower Appellate Court, declining the plea under

Order 9 Rule 13 CPC, deserves to be and is ordered to be invalidated by

allowance of this petition. The petitioner shall be entitled to join the

proceedings and file its pleadings. Thereafter, the learned Trial Court shall

proceed in accordance with law.

On consensual basis, the following order is passed : –

i) The pleadings on behalf of the petitioner – defendant shall be

filed before the learned Trial Court within one month from

today, with an advance copy to the plaintiffs – respondents

herein. The rejoinder, if any, shall be field within one week

thereof. After the filing of rejoinder, the issues shall be framed

by the learned Trial Court and the matter would be adjourned

for recording of plaintiffs’ – respondents’ evidence.

ii) On completion of the pleadings, both the parties shall be
C.R.No.213 of 2005 3

allowed to avail of two adjournments each for concluding their

respective evidence. If any official witnesses are to be

summoned, the parties applying therefor would obtain dasti

summonses. However, the non-execution thereof shall be no

excuse for the grant of an additional adjournment;

iii)The trial, in any case, shall be disposed of by the learned Trial

Court within three months from the date on which the petitioner

– defendant herein files the pleadings;

iv)The acknowledgment (of a copy of this order) issued by the

concerned Judicial Officer shall be forwarded to the Registry of

this Court. Learned District Judge shall himself maintain a tab

to ensure that the case is disposed of by aforementioned

period.

v) Both the parties, through their learned counsel, are directed to

appear before the learned Trial Court on 20.03.2009.

Disposed of accordingly.

March 09, 2009                                              (S.D.Anand)
vinod                                                            Judge