S. K. RAY, J.

( 1 ) THE plaintiff-appellant has preferred this appeal from the confirming decision of a single Judge of this Court dismissing the suit, under Article 4 of Orissa High court Order 1948, read with Clause 10 of the Letters Patent.

( 2 ) THE appellant filed his suit in the court of the Sub-Judge, Puri for a declaration that he is the hereditary trustee of Radhaballav Math with all its endowments located in the town of Puri being the nominated successor of the late Mahant Shri Radhacharan Das who died in 1963. Undisputedly, Radhaballav Math is an institution of Numbark cult. Its last mahant was Radhacharan Das who was recognised by all public authorities including defendant No. 1, the Commissioner of Hindu Religious Endowments, orissa (hereinafter referred to as 'commissioner ). The plaintiff alleges that the late Mahant validly initiated him as his Chela according to customary and usual religious rites prevailing at the Math and the sect to which the institution belonged, and also executed a will dated 26-6-1940 acknowledging to have validly adopted the plaintiff as his Chela and also nominated him as his successor. He however, did not intimate the Commissioner about