Orissa High Court
Sita Devi And Others vs Jaganath Ballav Math Endowment on 10 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO. 1240 OF 2022
Sita Devi and others .... Petitioners
Mr. Dinesh Kumar Mohanty, Advocate
-versus-
Jaganath Ballav Math Endowment .... Opp. Party
Trust Board
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 10.01.2023
1. 1. This matter is taken up through hybrid mode.
2. The Petitioners in this CMP seek to assail the order
dated 22nd November, 2022 (Annexure-4) passed by learned
Civil Judge (Junior Division), Puri in O.S. No. 83 of 1986,
whereby an application to implead the Managing Committee of
Shree Jagannath Temple, Puri through its Chief Administrator
as a party to the suit has been dismissed.
3. Mr. Mohanty, learned counsel for the Petitioners
submits that by virtue of pronouncement of the judgment by the
Hon'ble Supreme Court in the case of Jagannath Temple
Managing Committee -v- Siddha Math and others, reported in
(2015) 16 SCC 542, the management of Defendant-Math took
over by Shree Jagannath Temple Administration, Puri. The suit
has been filed by the Plaintiffs-Petitioners for declaration of
right, title and interest against Defendant and for permanent
injunction. Since the administration of Math has been taken
over by Shree Jagannath Temple Administration, Puri, it is a
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necessary party to the suit. The Plaintiffs-Petitioners had also
filed an application for amendment to incorporate the
foundational pleading to that effect, which has been allowed.
As such, learned trial Court ought to have allowed the petition
under Order 1 Rule 10 C.P.C. to implead the Managing
Committee of Shree Jagannath Temple, Puri through its Chief
Administrator as a party to the suit. Learned trial Court on a
flimsy ground rejected the petition observing that the petition
was filed six years after pronouncement of the judgment by the
Hon'ble Supreme Court in the case of Siddha Math (supra) and
the suit is pending since almost 36 years. It is his submission
that the same cannot be a ground to reject the petition under
Order 1 Rule 10 C.P.C. Hence, he prays for allowing the
petition under Order 1 Rule 10 C.P.C. to implead the Managing
Committee of Shree Jagannath Temple, Puri through its Chief
Administrator as a party to the suit.
4. Taking into consideration the submission made by
learned counsel for the Petitioner and on perusal of the record, it
appears that the suit was filed in the year, 1986 claiming
occupancy right against Defendant-Math and for permanent
injunction. The Plaintiffs-Petitioners by filing an application for
amendment incorporated the pleading to the effect that after
pronouncement of the judgment by the Hon'ble Supreme Court
in the case of Sidha Math (supra), the suit property comes under
the control of Shree Jagannath Temple Managing Committee,
Puri represented through its Chief Administrator. There is no
material available on record to come to a conclusion as to
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whether the administration of Defendant-Math has been taken
over by Shree Jagannath Temple Managing Committee, Puri. It
further appears that the petition under Order 1 Rule 10 C.P.C.
was filed after lapse of six years from the date of
pronouncement of the judgment by the Hon'ble Supreme Court.
As there is no material on record to come to a conclusion that
the presence of Shree Jagannath Temple Managing Committee,
Puri is necessary for just and proper adjudication of the suit, this
Court is not inclined to interfere with the impugned order under
Annexure-4.
5. Accordingly, the CMP being devoid of any merit stands
dismissed.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
bks Judge
