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viously, by this single fact, the dispute is taken out of the jurisdiction of the municipal courts of the Palitana State. But in addition to this, there is the specific provision in previous agreements and express orders of the British Government, which require that
in any event when either of the parties, viz. the Durbar or the Jains, desire a revision of the agreement, the same shall be done through the intervention of the British Government. This aspect has also been hopelessly overlooked by Mr. Watson, who, if he was not interested in any way personally in making the Order he has passed, must stand the charge of being not thoroughly conversant with the law and custom, of the Orders and Agreements and precedents governing this case.
Another point, also of purely legal aspect, deserves notice in passing at this stage. Mr. Watson has assumed some obiter dicta of a previous officer concerned with this case to make the entire question of the right of the Durbar to tax the Jain pilgrims a sort of a res judicata. As a matter of history the agreement between the Jains and Palitana in 1886, was arrived at after this so called res judicata had taken place. If Mr. Watson's opinion about this precious res judicata of his, as a sort of a short cut to solution from the extremely
