1. The plaint in this suit was filed with the consent of the Advocate-General under Section 539, Civil Procedure Code, and asks for two reliefs, (1) for a declaration that defendant is not the duly appointed successor to the late head of the Mutt who died on the 10th August 1888, and (2) that the Court will fill up the vacancy by appointing a duly qualified disciple of the late Jheer as his successor. It is admitted that the defendant is in possession of the Mutt and its properties. The learned judge in the court below dismissed the suit on the ground that Section 539, Civil Procedure Code, does not apply to suits brought against a trespasser. Against this view it is argued that plaintiffs have a right to sue whether the sanction of the Advocate-General is given or not, and that it is necessary that the court should make an appointment of a successor to the late Jheer in order that there may be some one qualified to give religious instruction to the disciples of the Mutt and clothed with the rightful authority to sue to eject the trespasser and to recover the Mutt and its properties. It appears to us that this suit is not of the character to which Section 539, Civil Procedu