Abdul Cader Et Al V. Ahamadu Lebbe Marikar Et Al

[IN THE PRIVY COUNCIL.]

 1935   Present: Lord Alness, Lord Mangham, and Lord Roche.

ABDUL CADER et al. v. AHAMADU LEBBE
 MARIKAR et al.

Maradana Mosque Ordinance-Action for declaration that a meeting of the congregation was irregularity held-Action brought by the trustees- Right of plaintiffs to institute proceedings-Necessary parties-Belated objection-Trusts Ordinance, No. 9 of 1917, s. 102-Cioil Procedure Code, s. 17.

Where an action was brought by two members of the Board of Trustees of the Maradana Mosque, who were also members of the congregation, for a declaration that a meeting purporting to be a meeting of the congregation of the Mosque was irregularly held in that the defendants wrongfully caused to be excluded there from a large number of the members of the congregation,-

Held, that section 102 of the Trusts Ordinance did not exclude the jurisdiction of the Courts to entertain the action and that the plaintiffs in their individual and not in a representative capacity had an interest in the proper conduct of the affairs of the Mosque and had a right to complain of a meeting irregularly held.

Held

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