JUDGMENT

Verma, J. - This is an appeal by the plaintiff whose suit has been dismissed by the Court below under Order 17, Rule 3, Civil P.C. The suit was for possession of a temple, called the temple of Sri Gopalji Maharaj, situated in Brindaban, together, with the properties appertaining thereto and for the declaration that the plaintiff, was duly appointed mahant of the temple and that defendant 1 was not entitled to the office of mahant. The defendant, Madan Mohan, denied that there was any gaddi or that there was any mahant. He pleaded that one Salig Ram had dedicated his personal properties to an idol installed in that temple and that the only office connected with the temple was that of shebait or pujari. The plaintiff claimed by succession to one Gokul Das who died, according to para. 12 of the plaint, in the year 1926. The suit was filed on 2nd December 1935, more than 9 years after the accrual of the alleged right of the plaintiff. The case came up on 11th January 1937 and on an application made by the defendant the date for final hearing was altered to 8th February 1937. On 5th February 1937, an order was passed by the Court below stating that 8th February 1937 had been dec