MALIK, CJ.:-

This appeal was cognizable by a single Judge but on an application made on behalf of the plaintiffs-appellants that the case involves a general question of importance affecting the Shias and Sunnis, two sects of the Muslim community, it was ordered to be heard by a Bench of three Judges.

2. The two plaintiffs belong to the Sunni sect and are residents of Qasba Mahmudabad, District Sitapur. They brought a suit in their representative capacity under O.1, R.8, Civil P.C. on behalf of the Sunnis of Qasba Mahmudabad against the first five defendants in their representative capacity as representing the Shia Muslims of the same Qasba. In paragraph 6 of the plaint it was said "that as all the Sunni Muslims of Mahmudabad have the right to get a permanent injunction issued the plaintiffs under O.1, R.8, Civil P.C. seek permission to file the suit on behalf of all the Sunnis of Qasba Mahmudabad, and as all the Shias of Mahmudabad are prepared to contest the suit, permission is sought to file the suit against the defendants on behalf of all the Shia Muslims of Qasba Mahmudabad."

3. When notice of the suit was issued, defendants 6 to 19 who are Sunni Muslims applied that they did not wish to be associated with the plaintiffs, nor did they want the plaintiffs to represent them and they were, therefore, impleaded as defendants to the action.

4. There is a mosque situate near the railway station in Qasba Mahmudabad. The plaintiffs contention was that it was constructed by a Sunni Musalman, that the Azan and the prayers had all along been said in the Sunni form and that the Shia Musalmans had nothing to do with this mosque, nor did they say their prayers in it, but with the aid of the police the Shia Musalmans had started forcibly decorating Tabut and Gahwara inside the mosque after doing Matam etc., that according to the belief of the Sunni Musalmans the said action was "against Shariyat and it insults, debases and injures their feelings". It was said that the Shia Musalmans had no right to have the Tabut or the Gahwara decorated insids the mosque or take it out in a procession from thereafter doing Matam etc. It was, therefore, prayed that a permanent injunction be issued against them. In paragraph 4 the immediate cause for the suit was given as follows :

"That this year the Shia Musalmans of Mahmudabad after getting warrants of arrest issued under S.107, Criminal P.C. against the plaintiffs and other Sunni Muslims of Mahmudabad in order to injure their feelings, desire to do the aforesaid acts in the said mosque on 26-3-1942, about which the plaintiffs came to know on 21-3-1942. The Shias desire that the Sunni Muslims should vacate the said mosque after saying their mid-day prayer on 26-3-1942, for this reason a general order was enforced on 24-3-1942, that the Sunni Muslims should completely vacate the said mosque after saying their prayers."

The relief claimed in the plaint was as follows :

"That a permanent injunction be issued to the effect that the Shia Muslims of Qasba Mahmudabad should not decorate Tabut or Gahwara in the said mosque and take out their procession from the said mosque nor should they do Matam therein."

5. Defendants 1, 3 and 5 filed one written statement while defendants 2 and 4 filed another, and defendants 6 to 19 filed a separate written statement on 22-7-1942, after they had been impleaded. The Sunni defendants 6 to 19 supported the Shia defendants and pleaded that they consider Tazias and Taziadari as part of Islamic religion, that they join and participate in the Gahwara procession and they have no objection to the said acts being done as before. According to them the plaintiffs were a troublesome group who believed in creating disputes between different communities and they realise subscription for the purpose of litigation and misappropriate a part of it. It was pointed out that besides this mosque there were other mosques in Mahmudabad from which Tazias were taken out and Gahwara processions e