Vicharanakartha Of Tirumalai – Appellant
Versus
The Board Of Commissioners For – Respondent
1. This and the other applications in the connected suits are on the name and on behalf of the Secretary of State for India in Council for the purpose of his being added as a party to the suit presumably as party defendant.
2. The main object of each of the suits is to obtain a declaration that the Madras Hindu Religious Endowments Act 1 of 1925 is invalid and ultra vires, and on the basis of such declaration the plaintiff has asked for a relief by way of injunction which is merely a relief consequent on the declaration.
3. The plaintiff in each of the cases is the head of a mutt or religious endowment and the only defendant to each of the actions is the Board of Commissioners for the Madras Religious Endowments, a body, it may be observed in passing, created and constituted by the said Act.
4. The question for determination therefore is whether on the application I should direct the Secretary of State being added as party defendant in these suits. The question is of considerable importance and of great difficulty though I did not realise the full extent of either till I was more than half way through the hearing. It has been argued with much learning and light and also some l
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