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Judgment
Pigot, J.—Assuming the right of the Plaintiff, for the purposes of argument, to institute a suit for the proper carrying out of the religious trusts, assuming that she has a right to interpose to ensure the due worship of the thakur and the protection of the funds dedicated to it, we think that no case is made out showing that she is entitled to bring this suit. It does not appear that the worship of the thakur has been interrupted. It does not appear that the acts of the Defendant as set forth in her own statement in the plaint have interfered with the due carrying out of these trusts. She says that she has, been conducting the worship and that she has been supporting the Defendant''s children and that in truth is her cause of action. We agree with the, learned Judge in the Court below in thinking that no case is made in the plaint which rendered it necessary to go into evidence in the case, and we should think it lamentable indeed if, at the earliest possible stage of the hearing, it were not competent to the Defendant to obtain the declaration of the Court upon the question is or is not a case disclosed in the plaint, whether or not that, question were expressly raised in the written statement. The appeal must be dismissed therefore with costs.
Petheram, C.J.
I agree.