Judgment

VENKATARAMA AYYAR, J. : On 28-2-1934, the appellant who is the religious head of the Dawoodi Bohra Community, passed an order excommunicating one Tyebbhai Moosaji Koicha. On 17-7-1920, the appellant had excommunicated two persons, Tahidbhai and Hasan Ali, and the validity of the order was questioned in a suit instituted in the Court of the Sub-ordinate Judge, Barhampur. The litigation went up to the Privy Council, which held that the appellant as the religious head had the power to excommunicate a member of the community, but that that power could only be exercised after observing the requisite formalities, and as in that case that had not been done, the order of excommunication was invalid. Vide Hasan Ali v. Mansoor Ali AIR 1948 PC 66 (A).

2. Apprehending that the order dated 28-2-1934, was open to challenge under the decision in Hasan Ali v. Mansoor Ali (A) (supra) on the ground that it had not complied with the requisite formalities the appellant started fresh proceedings, and on 28-4-1948, passed another order of excommunication. Thereupon, Tyebbhai Moosaji filed the present suit for a declaration that both the orders of excommunication dated 28-2-1934, and 28-4-1948, we