Judgement

Appeal (No. 33 of 1925) by special leave from a decree of the High Court (August 17, 1921) reversing a decree of the First Class Subordinate Judge of Belgaum (October 25, 1918).

The suit was between rival claimants to the office of Jagadguru, or head, of a math of Shri Shankaracharya, a foundation of wealth and importance. The plaintiff by his plaint claimed a declaration that he was entitled to all the properties of the math and to the powers of its duly installed head.

The decree of the Subordinate Judge was made upon a compromise entered into between the plaintiff and defendant No. 2, to whom the original defendants interest was assigned pendente lite; he had been added as a party, the original defendant remaining on the record.

On an appeal by defendant No. 1 the High Court set aside the decree.

Macleod C.J. (with whose judgment Shah J. agreed) was of opinion that as defendant No. 1 remained on the record he had such an interest in the matters at issue as entitled him to ask that the compromise arrived at behind his back be set aside.

The material facts of the case appear from the judgment of the Judicial Committee.

1926. Nov. 18. Sir George Lowndes K.C. and Parikh fo