P&H: Sets Aside Substitution Of Mahant’s Successor; Orders Enquiry Under Order 22 Rule 5 CPC

punjab-haryana
⚖️ Order Date: 15 May 2026
Headnotes

Civil Procedure Code, 1908, S.2(11), O.22.R.5 — Substitution of legal representative — When rival claims are raised, Court concerned should conduct an enquiry as envisaged under Order 22 Rule 5 CPC to arrive at conclusion as to who would be the legal representative - Ordering substitution merely...

Religious and charitable endowments — Succession to office of Mahant — It is well settled that it is Bhek which ultimately appoints Mahant upon the death of a previous Mahant; succession to religious offices is not hereditary and is dependent on election by a specific body...


Facts of the Case

P&H: Sets Aside Substitution Of Mahant’s Successor; Orders Enquiry Under Order 22 Rule 5 CPC

The Punjab and Haryana High Court has set aside a trial court order that had substituted one Gian Parkash as the legal representative of deceased Mahant Gopal Dass in a pending injunction suit concerning Dera property at Village Ralla, Mansa. High Court remitted the matter to the civil court to conduct an enquiry under Order 22 Rule 5 of the Code of Civil Procedure (CPC) to determine who is entitled to represent the deceased Mahant’s estate.

The case arose from a suit for permanent injunction filed by Mahant Gopal Dass and two religious entities against Nachhattar Singh @ Surmukh Dass...

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