JUDGMENT : - (After setting out the contentions of the parties, his Lordship proceeded:) Now at the date when the suit was filed the defendants were nationals of what then was British India and resided in the British Indian territory, but since the partition of India defendants Nos.1 to 9 have been residents of territory which is beyond the territory of the Union of India, and I will assume for the purpose of argument that defendants Nos.1 to 9 are not residents of the Union of India and may be regarded as non-resident foreigners qua this Court. Again, when the suit was filed some of the properties belonging to the institution were in British India and some were outside British India.

Even though the charity was outside the country, the trustees were residing in British India and the management of the trust was also carried on in British India. Since the suit was filed, however, the position of the parties qua this Court has been fundamentally altered. Not only is the charity a foreign charity in the sense that the benefit which was available to the pilgrims when visiting Iraq, was to be obtained by them outside the limits of British India, but even the trustees who are adm