Judgment

SHAH J. : Vijay Pratap Singh, (hereinafter called the plaintiff) - a minor - by his next friend Pandit Brij Mohan Misir filed a petition in the Court of the Subordinate Judge, Faizabad, for leave to sue in forma pauperis for declaration of title to the Ajodhya Raj and accretions thereso and for possession and mesne profits for years prior to the suit. The petition was rejected by the Subordinate Judge because, in his view, it disclosed no cause of action. An application by Ramjiwan Misir - father of the plaintiff - who was impleaded as the second defendant, to be transposed as a petitioner was also rejected by the Subordinate Judge. The plaintiff and Ramjiwan Misir applied to the High Court of Judicature at Allahabad in the exercise of its revisional jurisdiction against the orders rejecting their respective petitions but without success. They have with special leave appealed to this Court against the orders passby the High Court.

2. The case set up by the plaintiff in his petition was briefly this. Maharaja Sir Man Singh holder of the Ajodhya Raj was a Taluqdar in lists I, II and V of the Oudh Estates Act 1 of 1869. He died in 1870 and the Raj devolved upon his daughter s s