JERANCHOD BHOGILAL Vs. DAKORE TEMPLE COMMITTEE

JUDGEMENT

(1.) This case has come before their lordships in the form of an appeal to His Majesty in Council from an order of the High Court of Bombay. On March 31, 1920, the High Court certified that the appeal involved a substantial question of law and was otherwise a fit one for appeal to His Majesty in Council, and on July 26, 1920, the High Court admitted the appeal and ordered notice to be given to the respondents. The question which their lordships have to consider is whether the appeal lay. For that purpose it is necessary to refer as briefly as possible to the history of the case to see if any appeal in this case to His Majesty in Council arose or was admissible.

(2.) The case relates to the management of a public Hindu temple at the village of Dakore which is within the jurisdiction of the Court of the District Judge of Ahmedabad, In the temple is installed the Idol of Shri Ranchhod Raiji, which is much revered by Hindus. Disputes arose as to the management of the temple and at least two suits were brought in respect of the management, one of which came on appeal to His Majesty in Council as to a scheme for the management which had been sanctioned by the High Court of Bombay. On May 14-, 1912, the Board, having made some alterations in the scheme, and having advised that the scheme as altered should be affirmed, His Majesty with the advice of His Privy Council) confirmed the scheme, as altered by the Board, and made an Order in Council accordingly.

(3.) The Dakore Temple scheme so confirmed by His Majesty's Order in Council of May 14, 1912, provided, amongst other things, for the appointment of the Dakore Temple Committee to consist of five members who should be Hindus professing faith in Shri Ranchhod Raiji, and empowered the Committee to take the temple property into their custody and to make rules for the guidance of their business and for the management of the temple and for other purposes The purposes for which such rules might be made were specified in clause 12 of the scheme, and it was provided that the rules, when sanctioned by the District Court of Ahmedabad, should have the same force as if they were part of the scheme.