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

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 on the basis of some Will is not right approach - Impugned order set aside and matter remitted. (Paras 21 and 22) Religious and charitable endowments — Succession to office of Mahant —