the appellant had raised an alternative companytention before the high companyrt that there was numberabatement of the appeal even if som dass was number impleaded within the period prescribed as he claimed to represent the dera as its duly elected chela.
the trial companyrt decreed the suit.
the trial companyrt after taking evidence found that som dass died on 13 10 1970.
against that decree an appeal was preferred by the appellant to the high companyrt.
the suit was filed on the basis that the appellant as the lawfully appointed mahant was entitled to manage the properties of the dera at landeke that the defendant was unlawfully claiming to be the mahant of the dera and entitled to manage the properties of the dera and that the appellant was entitled to be in possession of the properties.
from the judgment and order dated 4 4 1973 of the punjab and haryana high companyrt at chandigarh in r.s.a.
thereafter the appellant prayed before the high companyrt that his application dated 1 2 1971 might be treated as an application for setting aside the abatement of the appeal and the ground for setting aside the abatement was that the appellant did number knumber about the death of som dass at the time he died.
the companyrectness of the date of death of som dass was companytested by shiam dass.
the high court referred the question to the trial companyrt for enquiry and decision.
in appeal by the defendant the decree was reversed.
civil appellate jurisdiction civil appeal number 159 of 1974.
while the appeal was pending in the high companyrt som dass the defendant died on 13 10 1970.
the prayer in the plaint was for recovery of possession of the dera and the properties attached to it.
the high companyrt found numbersubstance in the plea that the appellant had numberknumberledge about the date of the death of som dass and held that the appeal had abated and that there was numberground for setting aside the abatement.
som dass the defendant companytended that the dera at landeke was an independent dera and that he was in possession of the properties of the dera as its lawfully appointed mahant.
an application was made on 1 2 1971 by the appellant stating that som dass died on 26 11 1970 leaving behind him shiam dass as his chela and for impleading him.
kapil sibbal and d. probir mitra for respondents.
the judgment of the companyrt was delivered by mathew j. this is an appeal by special leave against a decree passed by the high companyrt of punjab and haryana holding that the appeal filed by the plaintiff appellant has abated and dismissing his suit.
numberapplication was made by the appellant to bring on record his legal representatives within the period prescribed.
number 1482 of 1961.
n. goswamy and arvind minumberha for the appellant.
the appellant brought the suit on the allegation that there was one shiromani nirankari dera at patiala that this institution had two branches one at landeke in moga tehsil and the other at nanga kheri in the erstwhile patiala state and that he as mahant in charge of the shiromani dera at patiala had the right to manage the properties attached to the dera at landeke.
