JUDGMENT

Dalip Singh, J. - The plaintiff in this case was described as Mandar Thakardwara known as Pheru Mal and sued through Durga Das, the manager of the said temple. The facts are that defendant 1 in the present case, Ishar Das, obtained a money decree against Durga Das, Banarsi Das, Ram Lubhaya and Ram Parkash. In execution of that money decree he attached certain property which forms the subject-matter of the present suit, it being claimed that this land is the property of the Thakardwara, known as Pheru Mal, is Waqf for charitable purposes and that Durga Das is only Manager of the said property. It was objected by the defendants that the Thakardwara could not sue through Durga Das. The learned Subordinate Judge held that while an idol has a judicial status in the sense of being a juridical person, a temple which is merely a religious building or a building for the performance of religious ceremonies is not such a juridical person and therefore cannot be a plaintiff. He next held on the contention that there had only been a misdescription of the plaintiff and that the plaint could be amended, that no such application to amend had actually been made before him and, therefore, no