B. N. MISRA, J.

( 1 ) RESPONDENTS 2 to 25 had filed a petition under S. 41 of the Orissa Hindu Religious Endowments Act, 1951 (hereafter referred to as the 'act') for declaration that respondent No. 1, Sri Sidheswar Mahadev, was a public institution and that they and the late Abhi Tapaswi (Opp. party No. 1) and appellant No. 4 were the hereditary trustee of the deity. Their case is that their ancestors had installed the deity and they had all along done the Sebapuja and acted as Marfatdars of the deity. They had impleaded appellants 5 and 6 (opposite parties 3 and 4) as representing the Hindu public. The application of the respondents was registered by the learned Asst. Commissioner of Endowments on 10-12-76. The respondents had also filed an application for publication of a notice under the provisions of O. I, R. 8, C. P. C. A draft notice filed by the petitioner was approved and that petition was allowed on the same day. The notice under O. 1, R. 8 C. P. C. was published in the 'samaj' on 6-2-77 and the said publication is on record. In the meanwhile opp. parties 3 and 4 were set ex parte on 21-1-77 and on that day three persons, Nakula Senapati, Adikanda Behera and Dinabandhu Pa