Ananthakrishna Aiyar, J.

1. This is a revision petition filed by the plaintiffs in suit No. 165 of 1926 on the file of the District Munsifs Court of Koilpatti against an order passed by the learned District Munsif by which he declined to grant leave to the petitioners, plaintiffs, to institute the suit on behalf of the village community concerned under Order 1, Rule 8, Civil P.C. The brother of defendant 1 claimed title to certain properties under purchase from the alleged original defendant 2 as manager of the endowment and got a decree in his favour.

2. In the present plaint, the plaintiffs, three Mahomedans of the locality alleged that the decree in the prior suit was not binding upon the trust, and the plaintiffs prayed to have the appropriate reliefs granted to them in respect of the matters. At the time of filing the plaint, the plaintiffs also put in an application under Order 1, Rule 8, Civil P.C., for permission to be allowed to sue on behalf of the village community interested in the matter. Defendants 1 and 5 (Chetties) are the main contesting defendants. They opposed the application. The learned District Munsif has upheld the objection of defendants 1 and 5 and he