Summary
The Supreme Court held that an appellate court must determine a contested claim to represent a deceased party before hearing the appeal on merits. The High Court could not simply substitute both rival claimants without deciding the issue under Order XXII Rule 5 CPC. Its order was set aside and the issue remitted for decision after considering the subordinate court’s report and the parties’ objections. Such summary determination only identifies the representative for the litigation and does not finally decide succession to the religious office.
Issues
- Whether both rival claimants could be substituted without determining who represented the deceased appellant.
- Whether a substitution decision finally determined entitlement to become Guru.
Provisions considered
- Order XXII Rule 5, including proviso, Code of Civil Procedure, 1908The appellate court could obtain a subordinate court’s findings but had itself to determine the contested representation before proceeding with the appeal. (¶¶ 2, 8, 9, 10, 11, 12, 13)
Held
- Where rival claimants seek to represent a deceased party, the court must first decide the representation dispute. It cannot implead all claimants indiscriminately or postpone that decision to disposal of the appeal on merits. Mandatory procedure advances justice and cannot be skipped. (¶¶ 8, 9, 10, 11)
- The High Court properly obtained a subordinate court’s inquiry report, but then erred by allowing both rival applicants to participate without deciding their competing claims. On remand it must consider that report, objections and material relied upon before hearing the second appeal. (¶¶ 9, 10, 13)
- Determination under Order XXII Rule 5 is summary and limited to representation in the pending litigation. It does not finally decide, or operate as res judicata upon, which claimant should ascend as Guru. The Supreme Court expressed no view on that substantive dispute. (¶¶ 12, 14)
Result
Appeals allowed; High Court’s substitution order set aside. Matter remitted for determination of the legal representative before hearing the second appeal, with a request for expeditious disposal. Pending applications disposed of; no costs.