N.L.Untwalia, J.

1. The petitioners filed an application in the Court below for being added as party defendants in a title suit filed by plaintiff opposite party 1 against defendant opposite party 2 for a declaration that the Bihar State Board of Religious Trust had no jurisdiction to call upon the plaintiff to comply with the provisions of Chapter X of Bihar Act 1 of 1951, namely, the Bihar Hindu Religious Trusts Act, 1950 (hereinafter called the Act) and the plaintiff is not liable to comply with the same inasmuch as there is no trust of Public and charitable nature as contemplated by the Act. The said relief has been sought for on several grounds, one of which is that the public are not entitled to worship the deity as a matter of right. The petitioners wanted to be added as party defendants in the suit. Their allegation was that the Board officials were not properly looking after the suit, they were not properly defending it, in reality it was a public trust and the offi- cers will allow the case to go by default if the public who are interested in the trust are not allowed to defend it.

2. The learned Subordinate Judge has refused to add them as party defendants, and t