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TMI Blog2009 (1) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... gh is the founder of the said Gurudwara. He had given the right of management of the said Gurudwara to Jagat Singh, who died in an accident during his life time. On or about 6.5.1982, he executed a general power of attorney appointing (1) Balu Singh s/o Talok Singh (Nabardar), (2) Harbans Singh s/o Ram Singh; and (3) Sant Nand Kaur widow of Jagat Singh as his attorneys in terms whereof they were conferred the powers to manage the whole of the property of the said Gurudwara. Clauses (3) and (4) of the said power of attorney read as under: (3) If any member out of these members dies then can elect another member with the acceptance of majority. The elected member will have same rights as these members have. I and the alone general powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cree dated 11.5.2000, the suit filed by Sant Hari Singh was decreed with costs in terms whereof a decree of permanent injunction was granted restraining the Managing Committee from interfering with the possession, management and control of the respondent over the land of the said Gurudwara, and consequently the suit filed by the Managing Committee was dismissed with costs. 6. Appellant herein and the Managing Committee of the said Gurudwara preferred appeals thereagainst. 7. The learned Additional District Judge by a judgment and order dated 16.7.2003 held that the possession of the suit land as also the management of affairs of the said Gurudwara had vested in Sant Hari Singh, the respondent herein, in his capacity of a Mohtmim, and, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d First Appellate Court. The present appellants, who were defendants in the suit, filed by Sant Hari Singh have chosen to file the present appeal. No appeal has been filed in the connected suit. In these circumstances, it has to be taken that the findings recorded by the learned trial court as well first appellate court in the suit filed by the Managing Committee and others have attained finality and Hari Singh has been held to be in possession, control and management of the Gurudwara and its property. Since the findings recorded in other suit have attained finality, therefore, the appellants in the present appeal cannot be heard (sic) to claim that the judgments and decree of the courts below are erroneous in any manner. 10. Mr. B.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and was entitled thereto as also a declaration that the respondent was not a Mohtmim of the said Gurudwara and, thus, not entitled to manage its affairs. As the said decree had attained finality, it is binding on the appellants also. Appellants, therefore, in law, were required to prefer another Second Appeal against the judgment and decree passed in the said suit. The principle of res judicata in the aforementioned fact situation, in our opinion, has rightly been applied by the High Court. 14. Section 11 of the Code of Civil Procedure reads thus: Section 11 - Res judicata.-- No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... setting aside his election on the ground that he was a holder of an office of profit under the Bihar Government and therefore could not have been a properly nominated candidate stands, he cannot question the finding about his holding an office of profit, in the present appeal, which is founded on the contention that that finding is incorrect. In Union of India vs.V. Pundarikakshudu sons anr. [(2003) 8 SCC 168], this Court held: 31. In this case the District Judge as also the High Court of Madras clearly held that the award cannot be sustained having regard to the inherent inconsistency contained therein. The arbitrator, as has been correctly held by the District Judge and the High Court, committed a legal misconduct in arriving ..... X X X X Extracts X X X X X X X X Extracts X X X X
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