AIR 1947 ALLAHABAD 375

Allahabad High Court

Hon'ble Judge(s): Malik, Raghubar Dayal , JJ

(A)Hindu Law - Religious endowment - Private idol - Right of stranger to sue as next friend of idol. A deity cannot be treated as a minor to make O.32, C.P.C. applicable so as to enable any disinterested third party to bring a suit as next friend of the deity. No doubt ordinarily it is the shebait or de jure or de facto Manager who has the right to sue for protection of the idol's property. But it cannot be said that the idol has no right of suit. Where the person in charge of the idol and its property acts adversely to the interests of the idol, a disinterested third party though not belonging to the founder's family, can sue as next friend of the deity but such a suit must be in the interest of the idol and for vindication of its rights, and not for getting hold of its property : 32 AIR 1945 Cal 268; 29 AIR 1942 Cal 99 and 24 AIR 1937 Cal 559, Rel. on; Case law discussed.(Para 8 12 13) (B)Hindu Law - Religious endowment - Private and public idol - Distinction Civil P.C. (5 of 1908) , S.92— There is really no such thing as a private idol being the private property of an individual or a family and a public idol belonging to the public. According to Hindu philosophy, an id....