JUDGMENT - Nain, J.

1. This is an appeal by the original applicants No. 1 against the order dated 3rd March, 1966, of a judge of the Bombay City Civil Court. The applicants No. 1 are Akhil Deshastha Rigvedi Brahman Madhyawarti Mandal (hereinafter, for the sake of brevity, referred to as "the mandal"). The mandal is a company limited by guarantee incorporated under the Indian Companies Act, 1913, and now under the Companies Act, 1956, under a license from the Central Government under section 26 of the Indian Companies Act, 1913, corresponding to section 25 of the Companies Act, 1956, dispensing with the word "Limited" in the name of the mandal. The respondent No. 1 is the Joint Charity Commissioner, State of Maharashtra. The respondent No. 2 was formerly the chairman of the mandal. The order under appeal held that the mandal was a public trust and as such was liable to be registered under section 18 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the Public Trusts Act"), as a public trust notwithstanding the fact that it was a corporation.

2. A few facts leading to this litigation may be briefly stated. The mandal applied for and obtained a license under section 2

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