Himalayan Institute Hospital Trust for short HIH Trust was impleaded as fourth respondent in Test.
In matters where the said society HIH Trust is a party, both the rival groups namely the group of Dato Mohan Swami and three others, and the group of Mohit Kumar and two others will be entitled to participate.
He also rejected a subsequent application for recalling the said order, by order dated 22.9.2006.
Testamentary Case No.1 of 2004 for grant of letters of administration in regard to estate of Swami Rama who died on 13.11.1996, filed by his son Mohit Kumar.
The following three litigations are pending before the Allahabad High Court, Lucknow Bench Testamentary Case No.3 of 2003 for grant of probate, filed by Dato Mohan Swami claiming to be the Executor under the alleged Will dated 9.4.1996 of Swami Rama.
The three cases Testamentary Case No.3/2003, Testamentary Case No.1/2004 and OS No.865/2007 shall be tried together by recording companymon evidence and the three cases shall be disposed of by companymon judgment and decree.
O R D E R Not reportable CIVIL APPEAL NO 2159 OF 2008 Arising out of SLP C No.463 of 2007 Leave granted.
After hearing the learned companynsel, and companysidering the factual background, and the nature of directions issued by the Division Bench, we are of the view that the said order requires certain modifications to remove the technical infirmities.
Case No.1/2004.
Original Suit No.865 of 1997 filed by Mohit Kumar, Lilu Kumar and Lt.
The said orders were challenged by the first respondent in two special appeals.
A Division Bench of the High Court allowed the special appeals by companymon order dated 5.12.2006 with the following directions The Himalayan Institute Hospital Trust through its presidential body members shall be impleaded as a party in Testamentary Case No.1 of 2004.
The said order of the Division Bench is challenged by the HIH Trust represented by Dato Mohan Swami, in this appeal by special leave.
This will also abate the anxiety expressed by the parties regarding delay in disposal.
OS No.865/1997 shall be tried by the same Judge trying the said two cases, simultaneously but separately without clubbing it with the other two cases.
We have heard learned companynsel for the parties.
A learned Single Judge of the Alalhabad High Court by order dated 8.9.2006 allowed an application for deletion of fourth respondent HIH Trust from the array of parties in that case.
General M.L. Dar Retd.
and Himalayan Institute Hospital Trust represented by a Presidential Body companysisting of the said three persons for a permanent injunction restraining defendants therein from interfering with the functioning of Himalayan Institute Hospital Trust and its said Presidential Body, and seeking a declaration that numberination letter dated 5.11.1996 in favour of Dato Mohan Swami and three others is null and void.
