Jain Shwetambar Tirth Shree Antariksh Parshwanath

Author(s): Jambuvijay
Publisher: Sumtilal Ratanchand Patni

Page 79

[58]
શ્રી અંતરિક્ષ The conclusions of the Court are . embodied in its decree of the 1st October, 1923, It is from that decree that the present appeal is brought.
. On full consideration of the whole case their Lordships have reached the conclusion that the decree is right.
The plea of estoppel contained in the written statement is perfectly general in its terms, and the defendants, when asked, refused to give any particulars of its meaning. In the absence of such particulars it seems to their Lordships impossible for the appellants 10 contend with success that it was thereby intended to set up against the plaintiffs' claim to exclusive inanagement an estoppel which would at once be fatal to the same claim then being substantively put forward by themselves.
But the question is not only one of form or of pleading. It is also one of substance. The appellants' case forcibly presented to the Board was that the facts found by the learned Trial Judge imported an agreement between the two sects as definite and permanent in the matter of joint managemeut, as the time table in the matter of worship was now admitted to be. No, such agreement, however, is pleaded even iu the alternative. No issue with regard to it was directed. No such issue could have been