P.C.Pandit, J.

1. This is a Letters Patent Appeal against the judgment of a learned Single Judge of this Court confirming on appeal the order of the Additional District Judge, Ambala, dismissing the plaintiffs appeal on a preliminary objection that it had not been properly filed by a duly authorised agent before him.

2. Murti Shri Raghunath Ji installed in the temple situate at Jagadhri brought a suit in November 1964 through Dharam Asthan Rakhsa Committee (Registered) Jagadhri, hereinafter called that Committee, for a perpetual injunction against Joginder Singh and others in the Court of the Subordinate Judge, II Class at Jagadhri. The suit was contested by the defendants and one of the preliminary objection raised on behalf of defendant No. 8 was that the Committee had no locus standi to filed the suit, as it was not a legally constituted Mohatmim of the property of theMurti and as such could not institute the suit on behalf of the latter. As a result of this pleading, issue No. 3 was framed and it was "whether Shri Dharam Asthan Committee has the right to file this suit." This issue was decided in favour of the plaintiff and after the trial of the suit, it, was partly de