Judgement

Appeal (No.10 of 1942) from a decree of the High Court, (September 16, 1938), which reversed a decree of the Court of the Subordinate Judge at Allahabad, (August 18, 1934), and dismissed the plaintiffs suit with costs.

The following facts are taken from the judgment of the Judicial Committee The plaintiff—the appellant before the Board—was a moneylender, and the appeal arose out of a suit instituted by him as a mortgagee of the suit property on a mortgage, dated December 4, 1926, executed by defendants Nos. 1 to 3—respondents Nos. 1 to 3 in this appeal. Those defendants did not contest the suit. In the plaint Janki Prasad, defendant No. 1, was described as "for self and as" the Mutwalli, manager and Karkun of Thakurdwara Sri "Behariji Mahraj, installed in the temple situate in mohalla " Sarai Mir Khan, City Allahabad." As that description did not say whether the deity, Sri Behariji Mahraj—hereinafter referred to as the deity or the idol—was or was not a party to the suit, and whether the plaintiff wanted a decree against Sri Behariji Mahraj, defendant No, 4, now respondent No. 4, Sri Behariji, was made a party through the receiver appointed by the District Judge in suit N