S. K. RAY, J.

( 1 ) THIS appeal arises out of a restitution proceeding under Section 144. Civil P. C. The facts leading to this proceeding are recounted herein-below. Sri Radhakanta Mahaprabhu, a deity represented by its trustee and Archak banchhanidhi Das as plaintiff No. 1 and Banchhanidhi Das as plaintiff No. 2 instituted a suit for declaration that the second plaintiff's forefathers were the hereditary Archaks of the plaintiff No. 1 and that in due course of succession the hereditary Archakship has come to vest in the plaintiff No. 2. Further declaration was sought that the defendant No. 1 has no manner of right, title or interest in the deity's properties or in the institution. There was a recital in the plaint that plaintiff no. 2 was in possession of the deity's properties as such hereditary Archaks. Defendant No. 1. who mainly contested the suit put forward a defence that his father was the Dharmakarta and had endowed the lands to the deity and that plaintiff No. 2 was only a paid Archak with no hereditary right. The trial Court dismissed the suit on 12-1-1961 An appeal was carried before the District Judge. That appeal was filed on 8-3-1961 and numbered as T. A. 31/61. Du