JUDGMENT :- This appeal arises out of a suit for declaration that the property in dispute is an endowed and charitable property, a Dharamshala since 13-3-1962, the date when respondent No. 6, namely, Smt. Parmeshwari Devi dedicated the property and created a trust and that thereafter she was not competent to execute the deed of 1968 so as to make a gift of the same property in favour of defendant No. 1, the appellant Ram Krishan Mission. The plaintiffs filed the suit in a representative capacity under O. 1, R. 8, Civil Procedure Code and alleged that plaintiffs Nos. 3 to 6 were Hindus by caste and followers of Sanatan Dharam and were interested in the maintenance of the religious and charitable character of the property in suit while plaintiffs Nos. 1 and 2 claimed to be the trustees by virtue of the trust deed dated 13-3-1962. The plaint was presented on 23-2-1970 and paragraph 9 thereof contained an averment that the suit was being filed under O. 1, R. 8, Civil Procedure Code. On 25-4-1970 an application No. 12/c-2 was moved on behalf of the plaintiffs for permission to sue in a representative capacity i. e. on behalf and for the benefit of the entire community interested. On the

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