This Letters Patent Appeal has been instituted by the Wakf Board of Madras State, represented by its Secretary, from the Judgment of Kailasam, J. in C.M.P. No. 6252 of 1964 in S.A. No. 965 of 1961. We may very briefly state, before setting out the essential facts necessary for an analysis of the ground of controversy in this appeal, that the application was under the Muslim Wakf Act, for declaring a particular decree (decree in O.S. No. 432 of 1956 on the file of the Third Additional District Munsif, Tiruchirappalli confirmed by the Judgment in A.S. No. 437 of 1958, District Court, Tiruchirappalli and S.A. No. 965 of 1961 of this Court) as void within the scope of section 57, sub-clause (3) of the Act (XXIX of 1954). The Learned Judge (Kailasam, J.) dismissed the petition as barred by limitation and the appeal is from this order.

Before proceeding to the facts, it may be necessary to notice the precise terms of sections 57 (1) and 57 (3) of the Wakf Act (XXIX of 1954). Section 57 (1) states:

" In every suit or proceeding relating to title to Wakf property..............the Court shaIl issue notice to the Board at the cost of the party instituting such suit or