Pritam Gir vs Mahant Basdeo Gir

Grimwood Mears, Kt. C.J. and Sulaiman, J.—This appeal has been filed from an order of the District Judge of Ghazipur, dated the 14th of December, 1917, purporting to be u/s 5 of the Religious Endowments Act (No. XX of 1863). The proceeding started by an application u/s 5 of the said Act is a miscellaneous proceeding and not a suit, and the order passed by him under that section is in no sense a decree, nor does the Act make any provision for an appeal from an order under that, section. In our opinion, therefore, no appeal lies from the said order. We are fortified in this view by the decision of their Lordships of the Privy Council in the case of Minakshi Naidu v. Subramanya Sastri ILR (1887) Mad. 26, which has of course been followed a subsequent cases. This appeal, therefore, fails and is dismissed with costs.