(1.) THIS is an appeal on a certificate granted by the High Court of Calcutta under Art. 133 (1)(a) and (b) of the Constitution by the first defendant to the suit, Sree Sree Kalimata Thakurani of Kalighat represented by her next friend Manik Lal Mukherjee.
(2.) THE suit out of which the appeal arises was instituted by the plaintiffs who are respondents 1 to 5 to the appeal, under S. 92 of the code of Civil Procedure for the purpose of framing a scheme for the proper management of the seva puja of Sree Sree Kalimata Thakurani and her associated deities and, for the proper management of the properties, declared to be debuttar proparties in a previous suit. THE District Judge, Alipur in whose Court the suit had been instituted settled a scheme with respect to the aforesaid matters but upon appeal by the appellant the High Court amended that scheme. THE main grievance of the appellant in this appeal is regarding certain amendments to the scheme made by the High Court.
(3.) MR. Bhattacharji then refers us to a previous litigation to which the deity was a party and in which the question of the deity's title to the lands in question was raised. The decision of the High Court in that case was reported in Iswari Kalimata v. Manager, Bijni Raj Court of Wards Estate, ILR (1949) 2 Cal 587. In particular he relies upon two observations contained in that judgment of the High Court. The first was at p. 593 (of ILR Cal) : and runs thus: