SRI SRI SRI NIRVANI MAHANT GOMATI DOSS BHAVAJI, DISCIPLE OF HIRA DAS BAVAJI (DECEASED) Vs. MADRAS HINDU RELIGIOUS ENDOWMENTS BOARD

JUDGEMENT

(1.) This is an appeal against a decree dismissing a suit instituted by the appellant under Section 63 of the Madras Hindu Religious Endowments Act. As the lower Court has dismissed the suit as barred by limitation, without going into the merits, the only point for consideration at this stage is whether the suit is so barred.

(2.) The last clause of Section 63 of the Act provides that the trustee or any person having interest may within six months of the date of the publication of the order complained against institute a suit in the Court to modify or set aside such order.

(3.) In the present case, the Board framed a scheme on 31 August, 1929, and the present suit was instituted only on 4 July, 1932. The learned District Judge was of the opinion that it was the plaintiff's duty to have filed a suit within six months of the publication of the scheme framed on 31 August, 1929, and has accordingly held that the suit is barred. But he has not taken into account the fact that by Clause (13) of the scheme framed on 31 August, 1929, it was provided that that scheme shall be in force for a period of two years. It is true that the later orders passed by the Board on the 8 January, 1930 and 16 March, 1932, purport to be orders modifying the scheme of August, 1929, by substituting fresh periods in Clause (13) of the scheme. But it seems to us that, in substance, the order of 16 March, 1932, amounts to the framing of a new scheme.