Seshagiri Aiyar, J.

1. This is a suit by the plaintiffs against the petitioners, who are the trustees of a Vishnu temple, for a declaration that the plaintiffs are entitled to perform a festival which they had been doing for a long time, without hindrance on the part of the trustees.

2. A preliminary issue was taken at the suggestion of the trustees as to whether this suit falls under the Religious Endowments Act, and as such, is not maintainable without: the sanction of the District Court, or of the Advocate-General. The Munsif earner to the conclusion that the suit was maintainable. Against his decision on the preliminary issue Mr. Seshachariar has preferred this Civil Revision Petition. The first question that suggests itself is whether Section 115 warrants interference by this Court with a ruling on a preliminary issue, although it goes to the maintainability of the suit. I do not think it necessary to express any opinion on that question because on the merits I am of opinion that the decision of the District Munsif is right.

3. There are really two questions which have been argued; first, whether the right claimed by the plaintiffs is a civil right, and secondly, whether,