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THE JAINA GAZETTE Judge imported an agreeement 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 witnessbox—an 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 Digambaris 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 what 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 of being enforced in execution. The Swetambaris will understand that any interference with the full enjoyment of that 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 reeson why under this arrangement the relations between the two sects should not in this matter be in the future entirely harmonious..
In the result, therefore, the appeal fails and their Lordships will humbly advise His Majesty that it be dismissed with costs. Shree Sudharmaswami Gyanbhandar-Umara, Surat
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