( 1 ) THIS application has been made on behalf of defendant No. 2, Paramhans Ram Chandra Das, to decide the matter mentioned therein as preliminary issues. The application has been made under Order XIV R. 2 (2) (b) and S. 151 of the Code of Civil Procedure, 1908. According to the applicant in view of the finding recorded by the learned Civil Judge, Faizabad, on issue No. 17 by order dated 21-4-1966 the suit filed by Sunni Central Board of Waqfs is liable to be dismissed without recording findings on other issues. On this basis the applicant prays that the suit may be dismissed at this very stage.

( 2 ) THE finding recorded by order dated 21-4-1966 is "no valid notification u/s. 5 (1) of the Muslim Waqf Act No. XIII of 1936 was ever made so far relating to specific disputed property of the present suits at hand. " At the time of hearing Sri V. K. S. Chowdhary, learned counsel for some of the defendants prayed that Issues 3, 5 (b), 5 (e), 5 (f), 6, 18, 19 (d), 19 (e), 20 (b) and 21 be also heard and decided as preliminary issues. The ground for making the prayer is that decision on those issues one way may bring the litigation to a close which will save the parties f