Judgement

DAS, J. :-

This is a defendants appeal (defendants 1 to 4 and 6 to 10) against the reversing judgment of the first additional subordinate Judge, Puri, decreeing the plaintiffs suit for a permanent injunction restraining the defendants from constructing a two-storied building within the inner compound wall of the temple of Lord Jagannath at Puri, any higher than the height of the said wall, and for restraining the defendants from defacing the said compound wall in any manner and to demolish the recent brick structure constructed over the same.

2. The plaintiffs described themselves as the members of an association or Nijog commonly known as Suar Nijog and filed the suit in a representative character under O. 1, R. 8, C. P. C. The appellants similarly were sued in the representative character representing the Pratihari Nijog under the same provisions of the Code of Civil Procedure. The Raja of Puri is the Superintendent of the temple of Lord Jagannath who, it is alleged, had permitted the defendants to put up the disputed structure, and hence he was arrayed as defendant No. 5. Though notice was duly served on him, he never appeared in this proceeding and was set down ex parte