JANAKI BAI AMMAL Vs. SRI TIRUCHITRAMBALA VINAYAKAR OF THE TEMPLE BYGANAPATHI ODUVAR, MINOR BY GUARDIAN, VELLI AMMAI, APPOINTED GUARDIAN- AD-LITEM OF MINOR

JUDGEMENT

(1.) The plaintiff in the suit from which this appeal arises is an idol represented by its manager or Kariasthar.

(2.) The defendant, the widow of the late Zamindar of Melmandai, was sued as trustee of a fund established for meeting the expenses of a public worship and other duties, including repairs, connected with the temple in which the idol is installed.

(3.) Admittedly this is a public charitable or religious trust. The short question is whether the suit is one to which Section 92, Civil Procedure Code, is applicable. The District Munsif held that it was and dismissed the suit as it had not been instituted with the sanction of the Advocate-General. The Subordinate Judge held otherwise, and restored the suit. The defendant has appealed from this decision.