MUNSHI MOHAMMAD ISAHAQ Vs. KAZI MOHAMMAD MOIN

JUDGEMENT

(1.) This Rule is directed against an order of the learned District Judge, Burdwan, rescinding an ex parte order, passed by him appointing the petitioner Munshi Mohammad Ishaque, Mutwali of an ancient Wakf created by one Munshi Mohammad Muzaffar as far back as 1849. In passing the order, complained of herein, the learned District Judge has proceeded upon a view of the law which the petitioner submits is not correct and his prayer is that even if the opposite party's application for setting aside the ex parte order be allowed, his (petitioner's) application for his appointment as Mutwali should be reheard by the court below and the rival claims of the parties to the Mutwaliship should be decided, if necessary, in accordance with law.

(2.) The Rule raises some questions of importance and it is necessary to pronounce upon them for the guidance of the court below at the rehearing of the matter which seems to be inevitable in the circumstances of this case.

(3.) Shortly stated, the relevant facts are as follows: