JUDGMENT

Sen, J. - This appeal arises out of a representative suit instituted by certain Mahomedans of the District of Mymensingh for a declaration that a certain property was wakf property. The suit was instituted in the District of Dacca. The learned Subordinate Judge dismissed the suit on two preliminary grounds. He held, first, that the plaintiffs had no cause of action and, secondly, that the suit was barred by the provisions of Section 42, Specific Belief Act, inasmuch as the plaintiffs had not prayed for consequential reliefs. Against this decision an appeal was taken to the District Judge. The learned Judge remanded the case holding that the decision of the learned Subordinate Judge on the preliminary issues was erroneous. The defendants have now appealed to this Court. In course of the argument it came to light that no notice was issued to the Commissioner of Wakfs. Section 70, Wakf Act, states that in every suit or proceeding in respect of wakf property the Court shall issue a notice to the Commissioner of Wakfs at the cost of the party instituting such suits, an exception being made in the case of suits or proceedings for the recovery of rent by or on behalf of the mutwal