Civil Revision No.3351 of 2006(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.3351 of 2006(O&M) Decided on : February 10, 2011 Devinder Pal Singh ... Petitioner VERSUS Sri Guru Singh Sabha and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Munish Jolly & Mr.S.B.Kaushik, Advocates for the petitioner. Mr.S.S.Bhinder, Advocate for respondent Nos.1 to 4 & 7. A.N.JINDAL, J.- This petition assails the order dated 25.1.2006 passed by Civil Judge (Jr.Divn.), Patiala dismissing the application of petitioner Devinder Pal Singh (herein referred as `the petitioner') for impleading him as party – respondent in the suit under Order 1 Rule 10 of the Code of Civil Procedure, 1908. The respondents No.1 to 4 filed a suit No.316 of 31.10.1974 against the other respondents for declaration and permanent injunction restraining them from acting except under the guidance of sub-committee of Shri Guru Singh Sabha Patiala and defendants Nos.2,9 and 10 from taking part in the proceedings and doing anything as members of the Rajindra Civil Revision No.3351 of 2006(O&M) [ 2 ] Deva Orphanage Committee (sub-committee) in respect of the land along with buildings thereon situated in Patiala City, fully described in the head note of the plaint. They also sought mandatory injunction ordering defendants No.1,3 to 8 for allowing Major Arjan Singh, Retd. Ltd. Col. Joginder Singh and S.Avtar Singh Brar defendants as members of Rajindra Deva Orphanage Committee (sub committee) and to submit six monthly report of expenses and get the budget sanctioned from the plaintiff Society. The plaintiff Society was entitled to the management of the Committee mentioned in heading of the plaint and the defendants be restrained from interfering in the management of the plaintiff society. The said suit was decreed by the Trial Court in 1984 and the appeal was also dismissed on 2.1.1993, while the regular second appeal is pending in this Court. Thereafter, Sri Guru Singh Sabha filed the present suit, in which the Rajindra Deva Orphanage (Yatimkhana) sub committee was made a party and both the defendants were proceeded exparte in the said suit on 26.9.1998. Then, the present petitioner moved an application dated 28.10.2005 claiming himself to be the Chairman of the Board of Trustees of the Rajindra Deva Orphanage, The Mall, Patiala for setting aside the exparte proceedings stating that the plaintiff had impleaded the Rajindra Deva Orphanage (Yatimkhana) sub committee through its President, The Mall, Patiala, but in fact, no such sub committee exists; the plaintiff has not disclosed the name of its President and the applicant (present petitioner) is the Chairman of the Board of Trustees of Rajindra Deva Orphanage, who is managing the affairs. It is also mentioned that the plaintiffs – respondents Civil Revision No.3351 of 2006(O&M) [ 3 ] did not disclose about the Board of Trustees and to bring on record the true facts, the petitioner i.e. the President of the Board of Trustees being a necessary party should be impleaded. On notice, the plaintiffs – respondents filed the reply, in which all the allegations were denied and it was submitted that the Civil Court had already held that Rajindra Deva Orphanage (Yatimkhana) is a sub committee of Guru Singh Sabha. The plaintiffs – respondents are claiming against sub-committee and not the applicant – petitioner. The plaintiffs – respondents cannot be compelled to file a suit against the petitioner in person as they have not sought any relief against the applicant – petitioner. The plaintiffs had filed a suit against Rajindra Deva Orphanage (Yatimkhana) sub committee through its President, who was proceeded against exparte on 26.9.1998. Thereafter, none appeared to pursue the case till 28.10.2005 when the petitioner Devinder Pal Singh filed the instant application. The argument of the counsel for the petitioner is that he was a necessary party to be impleaded as defendant, therefore, the Trial Court has committed an error while declining the application. Heard. The plaintiffs have filed a suit against Rajindra Deva Orphanage (Yatimkhana) sub committee, The Mall, Patiala, who was proceeded against exparte. It is the sub committee of Rajindra Deva Orphanage (Yatimkhana), which has been sued and not the present petitioner. It has been categorically stated that the plaintiffs do not seek any relief against the present petitioner. As such, the petitioner could not file any application for impleading him as defendant when no relief was claimed Civil Revision No.3351 of 2006(O&M) [ 4 ] against him. Hence, no cause of action arose to him to get himself impleaded as defendant. Though Rajindra Deva Orphanage (Yatimkhana) sub committee could move an application for setting aside the exparte proceedings, yet it has not come forward to move any such application. While taking the case from another angle, the petitioner Devinder Pal Singh could not sue in his personal capacity, though he himself claims to be a President of the Board of Trustees of the Orphanage and if he wants to represent the Trust, then the application should have been filed by Trust through him. As such, the application cannot be said to be maintainable. Resultantly, this petition fails and is hereby dismissed with the liberty to the Trust of Rajindra Deva Orphanage to move an appropriate application, if so advised. February 10, 2011 ( A.N.JINDAL ) `gian' JUDGE