K. N. SRIVASTAVA, J. :- The following three questions have been referred to us :-

1. Whether a relief for declaration that a property is endowed property so as to bind strangers to the trust can be granted in a suit under Section 92 of the C. P. Code?

2. Whether the plaintiffs in a suit under Section 92 of the C. P. Code, can claim reliefs, which do not find a mention in the permission or sanction granted by the Advocate-General under Section 92 of the C. P. Code, and

3. Whether clause (c) of sub-section (1) of Section 92 of the C. P. Code contemplates only vesting a title in the property in a trustee?

2. We propose to answer these questions in seriatim. Question no. 1 really consists of two questions, one as to whether a declaratory decree can be passed in a suit under Section 92 of the Code of Civil Procedure, and whether in such a suit a stranger can be made a party. One would have thought that the curtain on this controversy had fallen after the decisions of the Privy Council in the case of Abdur Rahim v. Abu Mahomed Barkat Ali (AIR 1928 PC 16) and of the Supreme Court in the case of Pragdasji v. Ishwarlalbhai, (AIR 1952 SC 143) and in the case of Bishwanath v. Sri Thakur