Judgment

RAY, C.J.I. :- This appeal by certificate is from the judgment dated 4 April of the High Court at Bombay (Nagpur Bench).

2. The respondent filed this suit against the State claiming that the order dated 1 March, 1955 in Revenue case declaring Gajanan Maharaj Sansthan of Mangrul-Dastagir to be a public trust be set aside. The plaint was filed under Sec. 8 (1) of the Public Trusts Act (M. P. Public Trusts Act 1951) against the State of Madhya Pradesh and the Registrar of Public Trust Amraoti.

3. It is admited by the parties that no notice under Section 80 of the Code of Civil Procedure was given. The defendants took the plea that the suit was liable to be dismissed by reason of no notice under Section 80 of the Code of Civil Procedure having been given.

4. The Additional District Judge by his order dated 26 March, 1967 held that a notice under Sec. 80 of the Code of Civil Procedure was necessary and the suit was not maintainable and ordered the dismissal of the suit.

5. The respondent filed an appeal. The learned Single Judge agreed with the view of the Additional District Judge.

6. A Letters Patent Appeal was filed. The matter was placed before a Full Bench. The Full Bench held t