Judgement

Appeal (No. 30 of 1938) from a decree of the High Court in its Appellate Jurisdiction (January 27, 1937), which reversed a decree of the same Court in its Original Jurisdiction (April 9, 1936).

The suit was instituted in the High Court by the appellant, Mahant Singh, against the four trustees of a pagoda and the respondent, U Ba Yi, for moneys due for work done in connection with the pagoda. The works were executed under a contract in writing entered into between Mahant Singh and the four trustees. The four trustees signed the contract and U Ba Yi orally guaranteed the performance of it by them.

In the plaint each of the trustees was named as a defendant, and after their names were added the words "All the above "four are trustees of the Kyaikasan Pagoda, Thisigangyun, "and are sued in that capacity." By his prayer the plaintiff asked for relief against each of the defendants individually.

After the institution of the suit, and before it was heard, the four trustees were removed from office and eight new trustees were appointed in their place.

Mahant Singh then applied for and obtained leave to amend his plaint by substituting the eight new trustees for the original four