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agreement between the two sects as definite and permanent in the matter of Joint management, as the time table in the matter of worship was now admitted to be. No such agreement, however, is pleaded even in the alternative. No issue with regard to it was directed. No such issue could have been directed as the existence of such an agreement was entirely contrary to the only pleaded case either of the plaintiffs or of the defendants. Moreover the evidence taken was not pointed to any such issue, and as it stands, is in all its prolixity on this issue, incomplete. In saying this, their Lordships have specially in mind the absence of Kalyanchand from the witness box-as absence only justifiable by the fact that this matter on which his evidence must have been so direct was not in issue at the trial. Lastly, the concession of the time-table now made by the respondents does not, as it seems to their Lordships. carry with it any admission of a right on the part of the Degambaris to participate in the management. No one has, in fact, suggested that the time-table without management is valueless, on the contrary, the evidence shows that this has been the prevailing order since the final rupture between the parties took place in 1908.
Their lordships need hardly affirm that they may call the Digambari right to the time-table as now declared, with all its implications, is in no sense a matter of favour. It is a matter of right by the Digambaris will bring them into conflict with the courts. Nor will they forget that, by the admission of their learned counsel before the Board, they make no claim to the collections of money and offerings made by worshippers during the Digambari periods of worship. With these matters kept fully in mind by the Swetambaris there seems to their Lordships to be no reason why under this arrangement the relations between the two sects should not in this matter be in the future entirely harmonious.
In the result, therefor, the appeal fails and their Lordships will humbly advise His Majesty that it be dismiseed with costs.
Their Lordships will further humbly advise His Majesty that a petition lodged by the appellants for a stay of execution of the decree of the judicial Commissioner be also dismissed with costs.
DECREE
""The court of the judicial commissioners on the 1st October 1923 made a decree setting aside the decree of Lower Cout and ordering (1) That the Swetambaris are entitled to the exclusive management of the temple and image of Shri Antariksha parasnathji Maharaj and that they have right to worship the image in accordance with their custom. (2) That the Digambaris have a right of worshipping the image in accordance with an arrangement made in 1905 but are not to interfere શ્રી અંતરિક્ષ પાર્શ્વનાથ
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