Judgment

MUDHOLKAR, J. : This is an appeal on a certificate granted by the High Court of Calcutta under Art. 133 (1)(a) and (b) of the Constitution by the first defendant to the suit, Sree Sree Kalimata Thakurani of Kalighat represented by her next friend Manik Lal Mukherjee.

2. The suit out of which the appeal arises was instituted by the plaintiffs who are respondents 1 to 5 to the appeal, under S. 92 of the code of Civil Procedure for the purpose of framing a scheme for the proper management of the seva puja of Sree Sree Kalimata Thakurani and her associated deities and, for the proper management of the properties, declared to be debuttar proparties in a previous suit. The District Judge, Alipur in whose Court the suit had been instituted settled a scheme with respect to the aforesaid matters but upon appeal by the appellant the High Court amended that scheme. The main grievance of the appellant in this appeal is regarding certain amendments to the scheme made by the High Court.

3. According to Mr. Bhattacharji, learned counsel, for the appellant, the amended scheme is defective in four respects. He contends that in the first place the scheme does not specify that 595 odd bighas o