This is an appeal against the order of remand passed by the learned District Judge of Kanyakumari in A.S. No. 38 of 1967 on his file remanding the suit O.S. No. 11 of 1965, on the file of the Subordinate Judge of Nagercoil, for trial. The suit was dismissed by the learned Subordinate Judge on a preliminary point that the Civil Court had no jurisdiction to try the suit. The decision was reversed by the learned District Judge, who has held that the Civil Court has jurisdiction. The question, therefore, for decision is whether the Civil Court has jurisdiction to try the suit. The question arises under the following circumstances:

The suit was filed by the plaintiffs for a declaration that a certain temple known as Bhadrakali Amman Temple and its properties constituted a public trust and for recovery of possession of the properties from the defendants. The plaintiffs alleged that they were the only constituted trustees. Earlier proceedings under section 145, Criminal Procedure Code, were resorted to. In these proceedings, it was held that the defendants were in possession. That order was passed on 25th September, 1963. The plaintiffs wanted to get rid of that order also and urg