JUDGMENT

1. In this case the plaintiff Raja Sashi Sekareshwar Roy, Rai Bahadur, describes himself as the Chief Secretary of the Board of Trustees, otherwise known as the Pratinidhi Sabha, of an Association known as the Sri Bharat Dharma Mahamandal, registered under Act XXI of 1860. He complains in effect that the two defendants, who are members of the same Association, are seeking to remove him from the post of Chief Secretary and have endeavoured to do so by measures contrary to the rules of the Association itself. He asks for a declaration that a circular convening a meeting to be held on May 12th, 1912, was invalid and inoperative under the rules or constitution of the said Sri Bharat Dharma Mahamandal," and that the meeting held in consequence of this notice and the resolutions passed at the said meeting are "null and void."

2. The first Court held that the dispute was not one cognizable by the Civil Courts and that the plaintiff had no locus standi u/s 42 of the Specific Relief Act to ask for a declaration; it dismissed the suit accordingly. The learned District Judge in appeal has reversed this finding and remanded the suit for trial on the merits. The appeal before us is by th