JUDGMENT

UNTWALIA, J.:— This is an appeal by special leave from the Appellate judgment of the Calcutta High Court affirming the decision of a learned single Judge of that Court. We are concerned in this case with only two points - one in relation to the interpretation of the will dated the 23rd August, 1930 executed by one Nandalal Paramanick and the other as to the interpretation and effect of a Compromise Decree dated the 13th July, 1939 passed by the Calcutta High Court in Suit No. 1539/1936.

2. Nandalal Paramanick was the owner of considerable properties. By his last will dated the 23rd August, 1930 he gave and bequeathed his properties to his family deity Sree Sree Iswar Sridhar Jieu. He also laid down a line of succession of Shebiats in the will. Probate of the will was granted by the High Court to Nandalal s widow Smt. Chamatkarini Dasi on the 9th July, 1936. Shyam Sundar Paramanick - the sole appellant in this appeal filed suit No. 1539 in the High Court on 26-8-1936 for self and as the next friend of the deity. The suit was an Administration suit. In this suit apart from Smt. Chamatkarini Dasi, Krishna Chandra Sadhukhan, father of respondent No. 1 was also impleaded as the